NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Castagnet Investments Pty Limited v Woollahra Municipal Council [2005] NSWLEC 647
APPLICANT Castagnet Investments Pty Limited PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10565 of 2005
CORAM: Talbot J
Development Application :- conditions precedent to application for grant of easement under s 40 Land and Environment Court Act 1979. KEY ISSUES: Easement:- whether application can be made under s 40 Land and Environment Court Act 1979 before consent is granted.
Environmental Planning and Assessment Act 1979 s 97 LEGISLATION CITED: Land and Environment Court Act 1979 s 40 Woollahra Local Environment Plan 1995 cl 25(2)
A Class Properties Pty Limited v Parker [2004] NSWLEC 197; Becton Corporation Pty Limited v Minister for Infrastructure, Planning and Natural Resources & Anor [2005] NSWLEC 197; CASES CITED: Billgate v Woollahra Municipal Council (2004) 136 LGERA 356; Huntington & Macgillivray v Hurstville City Council (No. 2) (2005) 139 LGERA 84
DATES OF HEARING: 11/11/05
DATE OF JUDGMENT: 11/16/2005
APPLICANT Mr I Hemmings (Barrister) SOLICITORS Pike Pike and Fenwick LEGAL REPRESENTATIVES:
RESPONDENT Mr J Bingham (Solicitor) SOLICITORS Deacons
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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