NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McFadyen Architects Pty Limited v Kogarah Council [2006] NSWLEC 736
APPLICANT McFadyen Architects Pty Limited PARTIES : RESPONDENT Kogarah Council
FILE NUMBER(S) : 10316 of 2006
CORAM: Jagot J
KEY ISSUES: Development Application :- whether application made only by or on behalf of local government or community housing provider - proposed aged care facility - whether Seniors Living SEPP applies to application
Aged Care Act 1997 (Cth) Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 1998 Social Security Act 1991 (Cth) State Environmental Planning Policy (Seniors Living) 2004
Burwood Area Community Housing Ltd v Sutherland Shire Council (2006) 146 LGERA 91; Currey v Sutherland Shire Council (2003) 129 LGERA 223; CASES CITED: Currey v Sutherland Shire Council [2002] NSWLEC 195; Hubertus Schuetzenverein Liverpool Rifle Club Limited v Commonwealth of Australia (1994) 51 FCR 213; Snook v London and West Riding Investments Ltd (1967) 2 QB 786
DATES OF HEARING: 20/11/2006
DATE OF JUDGMENT: 11/23/2006
APPLICANT Mr J Ayling SC SOLICITORS Susan Hill & Associates Lawyers Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr S Berveling SOLICITORS Pike Pike & Fenwick
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