NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Ralph Betts and anor v Gosford City Council [2003] NSWLEC 217 Raplh Betts - First Applicant PARTIES : Cleve Smith Excavations Pty Limited - Second Applicant Gosford City Council - Respondent FILE NUMBER(S) : 10889 of 2002 CORAM: Nott C at 1 - Moore C at 1 KEY ISSUES: Construction and Interpretation - Development Consent - Discretion - Extractive Industry :- Modification of consent - whether modifications substantially the same as original consent LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 79C and s 96 Miscellaneous Acts (Planning) Savings and Transitional Provisions Regulation 1980 Auburn Municipal Council v Szabo (1971) 67 LGRA 427; Winn v Director General of National Parks and Wildlife [2001] NSWCA 17 ; CASES CITED: Mitchell v Vella [1998] NSWLEC 250; Leichhardt Municipal Council v Daniel Callaghan Pty Ltd (1981) 46 LGRA 29 ; Coalcliff Community Association Inc v Minister for Urban Affairs and Planning [1999] NSWCA 317, 106 LGERA 243 DATES OF HEARING: 12, 12, 14 and 15 August 2003 DATE OF JUDGMENT: 09/23/2003
Counsel
First Applicant - Ms S Duggan, barrister Second Applicant - Mrs J Kelly, barrister
Solicitors First Applicant - PriceWaterhouseCoopers Legal Second Applicant - Gary Cleary & Associates LEGAL REPRESENTATIVES: Respondent
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