NSW Caselaw
Reported Decision : 152 LGERA 324
Land and Environment Court of New South Wales
CITATION : Springs Golf Club Pty Ltd v Gosford City Council [2007] NSWLEC 111
APPLICANT Springs Golf Club Pty Ltd PARTIES : RESPONDENT Gosford City Council
FILE NUMBER(S) : 11132 of 2006
CORAM: Talbot J
KEY ISSUES: Existing Use Rights :- Whether expiration of a "sunset clause" allowing development consent to be granted for a limited period generates existing use rights for development the subject of consent granted under the clause that is otherwise prohibited.
Environmental Planning and Assessment Act 1979 s 106, s108 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 41(1)(b),(c),(d). Gosford Local Environmental Plan No. 243 cl 97A Interim Development Order No. 122.
CASES CITED: Sericott Pty Ltd v Snowy River Shire Council, Snowy River Shire Council v Sericott Pty Ltd and Others (1998) 100 LGERA 71 ; Sericott Pty Ltd v Snowy River Shire Council (1999) 108 LGERA 66
DATES OF HEARING: 2/03/2007
DATE OF JUDGMENT: 7 March 2007
APPLICANT I Hemmings (Barrister) SOLICITORS Cameron & Myers LEGAL REPRESENTATIVES:
RESPONDENT P Tomasetti (Barrister) SOLICITORS Storey & Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
7 March 2007
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