NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780
APPLICANT Gordon & Valich Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney
FILE NUMBER(S) : 10817 of 2007
CORAM: Preston CJ
Development Application :- application in form to amend an existing development consent - application in substance to carry out works, erect a residential flat building and use building and works for that purpose - consent authority should look to substance not form of application - matters to be considered therefore relate to substantive development and not merely amendments to existing consent KEY ISSUES: Practice and Proceedure :- application to strike out Council's contentions - development application - application in form to amend an existing development consent - application in substance to carry out works, erect a residential flat building and use buildings and works for that purpose - consent authority should look to substance not form of application - matters to be considered therefore relate to substantive development and not merely amendments to existing consent - Council's contentions relating to such matters appropriate and should not be struck out
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 4(1), s 78A(1), s 78A(2), s 79C, s 80, Land and Environment Court Rules 1996 Pt 16 r 4
CASES CITED: Port Stephens Council v Sansom [2007] NSWCA 299
DATES OF HEARING: 16 November 2007
EX TEMPORE JUDGMENT DATE : 16 November 2007
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