NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Knox v Wingecarribee Council [1998] NSWLEC 93 APPLICANT Knox PARTIES : RESPONDENT Wingecarribee Council FILE NUMBER(S) : 10316; 40126 of 1997 CORAM: Lloyd J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 76, 109(1), 124 Wingecarribee Local Environmental Plan 1989 Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157; CASES CITED: CB Investments Pty Ltd v Colo Shire Council (1980) 41 LGRA 270; Coffs Harbour Environment Centre Inc v Coffs Harbour City Council (1991) 74 LGRA 185.; F Hannan v Electricity Commission of NSW [No 3] (1985) 66 LGRA 306 DATES OF HEARING: 02 - 06/02/98 DATE OF JUDGMENT: 03/03/1998
APPLICANT S B Austin QC & P R Clay Knox Wight & Strickland, Mosman LEGAL REPRESENTATIVES: RESPONDENT D P Wilson B Bilinsky & Co, Bowral
JUDGMENT: 1 There are two proceedings before the Court:
(1) 40249 of 1997 (Athe Class 4 proceedings@) in which the applicant (Wingecarribee Council) seeks a declaration that the respondent (Mrs J Knox) has carried out development on land in Range Road, Glenquarry, without consent having been obtained therefor, contrary to the provisions of s 76 of the Environmental Planning and Assessment Act 1979 (Athe Act@) and for consequential relief including demolition of the development which has been carried out; and
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