NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Landseair v North Sydney Council [2008] NSWLEC 1321
Applicant: Landseair Pty Ltd PARTIES : Respondent: North Sydney Council
FILE NUMBER(S) : 10996, 11164 & 11165 of 2007
CORAM: Roseth SC
KEY ISSUES: Construction and Interpretation - Development Application - Section 96 Application :- public access to Sydney Harbour, Newbury test
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Occupational Health and Safety Act 2000
Progress & Securities v North Sydney Council 66 LGRA CASES CITED: Walton v Blacktown City Council [2006] NSWLEC 451 Newbury District Council v Secretary of State for the Environment [1981] AC 578
DATES OF HEARING: 28 July 2008, 29 July 2008, 30 July 2008 & 31 July 2008
DATE OF JUDGMENT: 7 August 2008
Applicant: LEGAL REPRESENTATIVES: Mr T Robertson SC and Mr J Johnson, barrister Respondent: Ms S Duggan, barrister
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
7 August 2008
10996 of 2007 Landseair Pty Ltd v North Sydney Council 11164 of 2007 11165 of 2007
JUDGMENT
Senior Commissioner : These are three appeals against decisions of North Sydney Council (the council) in respect of applications under s96 of the Environmental Planning and Assessment Act 1979 (the Act) to amend conditions attached to development consent DA 1348/81 issued on 4 July 1983 (the first development consent) and DA25/02 issued on 18 December 2002 (the second development consent). · Appeal No 10996 of 2007 is against the council's refusal of a s96 application to delete Condition D37 of the first development consent and change Condition G3 of the second development consent. · Appeal No 11164 of 2007 is against the council's deemed refusal of a s96 application to delete Condition D37 from the first development consent and Conditions G3 and G4 from the second development consent. · Appeal No 11165 of 2007 is against the council's deemed refusal of a s96 application to delete Condition D37 from the first development consent.
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