NSW Caselaw
Reported Decision : 155 LGERA 352
Land and Environment Court of New South Wales
CITATION : Charalambous v Ku-ring-gai Council [2007] NSWLEC 510
APPLICANT: Harry Charalambous PARTIES : RESPONDENT: Ku-ring-gai Council
FILE NUMBER(S) : 10131 of 2007 and 10255 of 2007
CORAM: Lloyd J
KEY ISSUES: Question of Law :- development consent subject to conditions - condition relating to landscape bond - refusal of application to modify consent to delete condition - whether condition falls outside scope of bonds which may lawfully be imposed - newbury test - whether condition is ultra vires - source of power for a consent authority to impose conditions - provision of security - general and specific provisions
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 80, s 80A, s 96, s 98A, s 121B and s 121ZJ
Anthony Hordern & Sons v Amalgamated Clothing & Allied Trades Union of Australia (1932) 47 CLR 1; Datum Pty Ltd v Botany Bay City Council [2003] NSWLEC 62; Fairfield City Council v N & S Olivieri Pty Ltd [2003] NSWCA 41; CASES CITED: Leon Fink Holdings Pty Ltd v Australian Film Commission (1979) 141 CLR 672; Newbury District Council v Secretary of State of the Environment [1981] AC 578; Television Corporation Ltd v The Commonwealth (1963) 109 CLR 59; Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004) 221 CLR 30
DATES OF HEARING: 09/07/2007
DATE OF JUDGMENT: 21 August 2007
APPLICANT: Dr J E Griffiths SC SOLICITORS: Maddocks LEGAL REPRESENTATIVES:
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