NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Keay & Anor v Wollongong City Council [2008] NSWLEC 243
Nerissa Keay (Applicant) PARTIES : Rob Taylor (Applicant) Wollongong City Council (Respondent)
FILE NUMBER(S) : 10343 of 2008
CORAM: Jagot J
KEY ISSUES: Question of Law :- construction and interpretation - local environmental plan - whether proposed dwelling house permissible with consent - whether existing use rights available - whether clause prohibiting erection of dwelling also had the effect of prohibiting the use - clause did not have the effect of prohibiting the use - appeal dismissed.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Interpretation Act 1987 Local Government Act 1919
BYT Nominees Pty Limited v North Sydney Council [2008] NSWLEC 164 BYT Nominees Pty Limited v North Sydney Council (No 2) [2008] NSWLEC 228 Hunt v Blacktown City Council (2001) 116 LGERA 356 CASES CITED: Matic v Mid-Western Regional Council [2008] NSWLEC 113 North Sydney Council v Phillip Perrie and Associates Pty Limited [1995] NSWLEC 115 North Sydney Municipal Council v PD Mayoh Pty Ltd (No 2) (1990) 71 LGRA 222 Teppell Investments Pty Limited v North Sydney Council [1996] NSWLEC 61 Vaniga Pty Ltd v South Sydney City Council (1989) 74 LGRA 86
DATES OF HEARING: 22 August 2008
EX TEMPORE JUDGMENT DATE : 22 August 2008
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