NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mahogany Ridge Developments Pty Limited v Port Stephens Council & Anor [2007] NSWLEC 212
APPLICANT Mahogany Ridge Developments Pty Limited
PARTIES : FIRST RESPONDENT Port Stephens Council
SECOND RESPONDENT Commonwealth of Australia
FILE NUMBER(S) : 10526 of 2004
CORAM: Jagot J
KEY ISSUES: Development Application :- motion to strike out - failure to take steps to proceed to hearing - development application required to be accompanied by species impact statement - no species impact statement - appeal commenced in 2004 - further lengthy adjournment required to ascertain date by which species impact statement could be completed - appeal dismissed
Environmental Planning and Assessment Act 1979 s 78A(8)(b) Land and Environment Court Rules 1996 Pt 12 r 2, Pt 13 r 5 LEGISLATION CITED: Native Vegetation Act 2003 Native Vegetation Regulation 2005 cl 35 Supreme Court Rules 1970 Pt 13 r 5
Dunlop v Coffs Harbour City Council [2006] NSWLEC 663; CASES CITED: Mahogany Ridge Developments Pty Limited v Port Stephens Council & Anor [2006] NSWLEC 657; Marinkovic v Rockdale City Council [2006] NSWLEC 601
DATES OF HEARING: 28 March 2007
EX TEMPORE JUDGMENT DATE : 28 March 2007
APPLICANT Mr S Brockwell SOLICITORS Norman Waterhouse
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