NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Smith v Wyong Shire Council [2008] NSWLEC 115
APPLICANT Darcy Peter Smith PARTIES : RESPONDENT Wyong Shire Council
FILE NUMBER(S) : 41235 of 2007
CORAM: Pain J
Development Consent :- whether development consent lapsed or physically commenced - whether construction certificate under s 81A Environmental Planning and Assessment Act 1989 required KEY ISSUES: Practice and Procedure:- whether Court should issue a declaration that development physically commenced in absence of contradictor
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 81A, s 95, s 95A, s 96, s 109C
Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council (2005) 63 NSWLR 124 Jones v Sutherland Shire Council (1979) 40 LGRA 323 CASES CITED: Michael Realty Pty Ltd v Carr [1975] 2 NSWLR 812 Sharp v Hunters Hill Council (2002) 120 LGERA 155 Williams v Coffs Harbour City Council [2007] NSWLEC 440
DATES OF HEARING: 7 March 2008
EX TEMPORE JUDGMENT DATE : 7 March 2008
APPLICANT Mr G Newport LEGAL REPRESENTATIVES: SOLICITOR Law and Planning RESPONDENT Submitting appearance
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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