NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Adams v Great Lakes Council & Anor (No 2) [2010] NSWLEC 37
APPLICANT Peter Adams PARTIES : FIRST RESPONDENT Great Lakes Council SECOND RESPONDENT Gregory James Harrison
FILE NUMBER(S) : 40288 of 2009
CORAM: Pain J
KEY ISSUES: DISCRETION :- whether Court should exercise discretion to make s 25B order suspending the grant of development consent to enable owner's consent to be provided - whether Council became owner of Crown road since grant of development consent
Crown Lands Act 1989 s177 Crown and Other Roads Act 1990 s3, s34, s36 Environmental Planning and Assessment Act 1979 s124 LEGISLATION CITED: Land and Environment Court Act 1979 s25B, s25E Environmental Planning and Assessment Regulation 2000 cl 49(1)(b) Local Government Act 1993 Roads Act 1993 s145, s151, Sch 2 cl 56
Adams v Great Lakes Council [2010] NSWLEC 14 Botany Bay Council v Remath Investments (No 6) Pty Ltd (2000) 50 NSWLR 312 CASES CITED: Kindimindi Investments Pty Ltd v Lane Cove Council (2007) 150 LGERA 333 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 76 ALR 598 Owners Strata Plan 50411 v Cameron North Sydney Investments Pty Ltd [2003] NSWCA 5
16 December 2009 DATES OF HEARING: 5 February 2010 10 March 2010
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