NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ekermawi v Great Lakes Council [2010] NSWLEC 1227 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT S Ekermawi PARTIES : RESPONDENT Great Lakes Council
FILE NUMBER(S) : 10906 of 2009
CORAM: Moore SC
KEY ISSUES: DEVELOPMENT APPLICATION - THREATENED SPECIES - VEGETATION :- failure to provide adequate plans; failure of expert planner to acknowledge inadequacy of plans; failure of expert planner to address necessity for plans to conform with Schedule A of the Land and Environment Court Practice Note for Class 1 Development Appeals; bushfire protection - access and asset protection zones
Environmental Planning and Assessment Act 1979 Local Government Act 1993 State Environmental Planning Policy 14 Coastal Wetlands LEGISLATION CITED: Roads Act 1993 Great Lakes Local Environmental Plan 1996 State Environmental Planning Policy 60 Exempt and Complying Development State Environmental Planning Policy 44 Koala Habitat Protection
CASES CITED: BGP Properties v Lake Macquarie Council [2004] NSWLEC 399
DATES OF HEARING: 28, 29 and 30 June 2010
DATE OF JUDGMENT: 18 August 2010
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr R Mallik, solicitor Mallik Rees Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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