NSW Caselaw
Pending Appeal :
Land and Environment Court of New South Wales
CITATION : RES Southern Cross v Minister for Planning and Taralga Landscape Guardians Inc. [2008] NSWLEC 1333 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT RES Southern Cross
PARTIES : FIRST RESPONDENT Minister for Planning
SECOND RESPONDENT Taralga Landscape Guardians Inc.
FILE NUMBER(S) : 11216 of 2007
CORAM: Roseth SC - Moore C
KEY ISSUES: Development Consent - Modification Application :- Substantially the same development; Visual impact; Noise
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995
Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd [2007] NSWLEC 59 1643 Pittwater Road v Pittwater Council [2004] NSWLEC 685 CASES CITED: Vacik Pty Limited v Penrith City Council, unreported, Stein J, No. 10242 of 1991, 24 February 1992 Walton v Blacktown City Council [2006] NSWLEC 451 Wyong Shire Council v Shirt (1980) 146 CLR 40, [1980] HCA 12 Zhang v Canterbury City Council (2001) 115 LGERA 373
DATES OF HEARING: 7, 8, 11, 12 and 13 August 2008
DATE OF JUDGMENT: 21 August 2008
APPLICANT Mr A Pickles, barrister INSTRUCTED BY Middletons LEGAL REPRESENTATIVES: FIRST RESPONDENT Ms J Smith, solicitor Legal Branch Department of PLanning SECOND RESPONDENT Ms M Grahame
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