NSW Caselaw
Reported Decision : (2004) 134 LGERA 1
Land and Environment Court of New South Wales
CITATION : Miltonbrook Managements Pty Limited v Shellharbour City Council [2004] NSWLEC 185 APPLICANT PARTIES : Miltonbrook Managements Pty Limited RESPONDENT Shellharbour City Council FILE NUMBER(S) : 10957 of 2003 CORAM: Pain J KEY ISSUES: Question of Law :- whether development application including artificial waterbodies is designated development - whether applicant barred from raising legal issues determined in earlier proceedings relating to very similar development application - whether artificial water bodies are in high watertable area - whether designated development because development is an extractive industry LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 4, s 77A Environmental Planning and Assessment Regulation 2000, cl 4 of Schedule 3 Ashfield Municipal Council v Armstrong [2003] NSWCA 353; CASES CITED: Boles v Esanda Finance (1989) 18 NSWLR 660; Hollis v Shellharbour City Council and Miltonbrook [2002] NSWLEC 83 ; Penrith City Council v Waste Management Authority and Anor (1990) 71 LGRA 376 DATES OF HEARING: 13/02/04 EX TEMPORE 02/13/2004 JUDGMENT DATE :
APPLICANT Mr J Ayling SC SOLICITORS Kearns & Garside LEGAL REPRESENTATIVES: RESPONDENT Mr T Robertson SC SOLICITORS Kells
JUDGMENT:
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