BIG COUNTRY DEVELOPMENTS PTY LIMITED v. PENRITH CITY COUNCIL [1998] NSWLEC 247 (8 October 1998) [1998] NSWLEC 32

Land and Environment Court of New South Wales

CITATION : BIG COUNTRY DEVELOPMENTS PTY LIMITED v. PENRITH CITY COUNCIL [1998] NSWLEC 247 (8 October 1998) [1998] NSWLEC 32 PARTIES : BIG COUNTRY DEVELOPMENTS PTY LIMITED v. PENRITH CITY COUNCIL [1998] NSWLEC 247 (8 October 1998) FILE NUMBER(S) : 20062 of 1998 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979: s.36(5) Local Government Act 1993: ss.68 and 176 Sydney City Council v. Zizza (1989) 67LGRA 224 espc at 235-236) ; Proprietors of S.P. 13318 and 13555 v. Lavender View Regency Pty Ltd (1997) 97LGERA 337; CASES CITED: Mulhearn v. Hunters Hill Council (unreported 5 June 1998; Blair v. Curran (1939) 62CLR 464 at 531 to 534 ; North Sydney Council v. Michael Standley and Associates Pty Ltd (1998) 97LGERA 433 ; in Cooma-Monaro Shire Council v. Mannering (1986) 7NSWLR 258 DATES OF HEARING: 25 August 1998 DATE OF JUDGMENT: 10/08/1998

Mr. D. Wilson, Barrister

LEGAL REPRESENTATIVES: Mr. J.J. Webster, Barrister

JUDGMENT: A. INTRODUCTION

1. At the conclusion of the hearing of Class 2 proceedings involving an appeal pursuant to s.176 of the Local Government Act 1993 (the LG Act) against the deemed refusal by the Council of the Applicant's Building Application No. 980437, the Assessor hearing the case, at the joint request of the parties has referred to the Chief Judge for determination pursuant to s.36(5) of the Land and Environment Court Act 1979 (the LEC Act) the following questions of law: