NSW Caselaw
Reported Decision : 175 LGERA 189
Land and Environment Court of New South Wales
CITATION : P S Graham & Associates v Hornsby Shire Council [2010] NSWLEC 189
APPLICANT: P S Graham & Associates PARTIES : RESPONDENT: Hornsby Shire Council
FILE NUMBER(S) : 10642 of 2010
CORAM: Biscoe J
KEY ISSUES: DEVELOPMENT CONSENT :- for reconstruction of a right of way – statutory requirement that development application may be made with consent in writing of the owners of land to which the application relates – consent of owner of servient tenement not obtained – power of Supreme Court to order owner of servient tenement to give such consent – owner of dominant tenement, on whose behalf development application made, obtains order from Supreme Court that owner of servient tenement give such consent within specified time failing which Registrar in Equity would execute the consent on the latter's behalf – development application then approved by Land and Environment Court.
Civil Procedure Act 2005, s 94 LEGISLATION CITED: Environmental Planning and Assessment Act 1979, ss 78A, 80(3), 95(6) Environmental Planning and Assessment Regulation 2000, cll 49(1)(b), 50(1)(a), Sch 1
Jeloudev v Lohman (unreported, Supreme Court, 20 September 2010, No 288002 of 2010, Brereton J) CASES CITED: Mulyan Pty Ltd v Cowra Shire Council [1999] NSWLEC 212, 105 LGERA 26 Rainbowforce Pty Ltd v Skyton Holdings Pty Ltd [2010] NSWLEC 2, 171 LGERA 286 Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324
DATES OF HEARING: 22, 30 September 2010
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