NSW Caselaw
Reported Decision : 177 LGERA 261
Land and Environment Court of New South Wales
CITATION : Norlex Holdings Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 149
APPLICANT Norlex Holdings Pty Ltd PARTIES : RESPONDENT Wingecarribee Shire Council
FILE NUMBER(S) : 40244 of 2007
CORAM: Pepper J
KEY ISSUES: DEVELOPMENT CONSENT :- whether consent had lapsed - whether the work constituted "engineering" work - whether the engineering work was physically commenced on the land to which the consent applied - whether the "work" was work relating to the subject of the consent or whether it related to a modification or new development application - held consent had not lapsed
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 95(4), (5)
Henry v Shellharbour City Council [2005] NSWLEC 378 Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council [2005] NSWCA 169; (2005) 63 NSWLR 124 CASES CITED: JMS Capital Pty Limited v Tweed Shire Council [2006] NSWLEC 535 Sharp v Hunters Hill [2002] NSWLEC 27; (2002) 120 LGERA 155 True Item Pty Limited v Baulkham Hills Shire Council [1996] NSWLEC 155 Zaymill Pty Ltd v Ryde City Council [2009] NSWLEC 86
DATES OF HEARING: 24-25 November 2009
DATE OF JUDGMENT: 31 August 2010
APPLICANT Mr P Tomasetti SC SOLICITORS Slade Manwaring LEGAL REPRESENTATIVES:
RESPONDENT Mr C McEwen SC with Mr M Staunton SOLICITORS B Bilinsky & Co
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