NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gann & Anor v Sutherland Shire Council [2008] NSWLEC 157
APPLICANTS: Peter James Gann & Tracy Dawn Keiser Gann PARTIES : RESPONDENT: Sutherland Shire Council
FILE NUMBER(S) : 10763 of 2007
CORAM: Lloyd J
KEY ISSUES: Question of Law :- development application for construction of a new dwelling - modification of development consent - non-compliance with three provisions of the local environmental plan as proposed to be modified - power to modify consent - no legal impediment in such circumstances
Environmental Planning and Assessment Act 1979 s 76A(1), s 79C and s 96 LEGISLATION CITED: State Environmental Planning Policy No. 1 - Development Standards cl 6 Uniform Civil Procedure Rules 2005 r 28.2 Sutherland Shire Local Environmental Plan 2006 cl 33(4), cl 35(5) and cl 36(3)
Lido Real Estate Pty Ltd v Woollahra Municipal Council (1997) 98 LGERA CASES CITED: Mirvac Projects Pty Ltd v Ku Ring Gai Council & Anor [2007] NSWLEC 540 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 668; 97 LGERA 433
DATES OF HEARING: 25 March 2008
DATE OF JUDGMENT: 24 April 2008
APPLICANTS: T F Robertson SC and J E Lazarus (barrister) SOLICITORS: Whites Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Dr S M Berveling (barrister) SOLICITORS: Janelle Amy Sutherland Council
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