Sisic v Rockdale City Council and Anor [2007] NSWLEC 687

Land and Environment Court of New South Wales

CITATION : Sisic v Rockdale City Council and Anor [2007] NSWLEC 687 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Fahrudin Sisic PARTIES : FIRST RESPONDENT Rockdale City Council SECOND RESPONDENTS Mr and Mrs Enny Michels

FILE NUMBER(S) : 40777 of 2007

CORAM: Pain J

Judicial Review :- Whether failure to notify development application if sent by prepaid post but not physically received - whether requirement to notify development applications under Development Control Plan satisfied - whether s153 of Environmental Planning and Assessment Act 1979 applies to notification of development application - whether evidence that notice not received relevant KEY ISSUES: Procedural Fairness :- whether compliance with the Environmental Planning and Assessment Act satisfied First Respondent's obligation to accord procedural fairness to Applicant for notification of a development application

Development Control Plan 50 (Community Engagement in Development Decisions, August 2003) Environmental Planning and Assessment Act 1979 s74C(1)(c), s79A(2), s101, s153 Environmental Planning and Assessment Regulation 2000 Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED: Interpretation Act 1987 s5, s76 Land and Environment Court Act 1979 s25B Landlord and Tenant Act 1927 (17 & 18 Geo 5, c 36), s23 Law of Property Act 1925 (15 & 16 Geo 5, c 20), s196(4) Local Government Act 1993 s710 Migration Act 1958 (Cth) s441A, s 425A