NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Palerang v Richard David Graham [2010] NSWLEC 272
APPLICANT Palerang Council PARTIES : RESPONDENT Richard David Graham
FILE NUMBER(S) : 40930 of 2010
CORAM: Craig J
KEY ISSUES: CIVIL ENFORCEMENT :- development consent for green waste disposal facility - designated development - public notification of application failed to comply with cl 78 of the Environmental Planning and Assessment Regulation 2000 - incorrect property address in notice - applicant for consent not identified in notice - failure to indicate right of appeal in public notice - failure to notify objector that consent had been granted - Council impugning its own consent - declaration of invalidity of consent made - costs
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, cl 78 Uniform Civil Procedure Act 2005 Uniform Civil Procedure Rule 42.1
CASES CITED: CSR Limited v Yarralumla Shire Council (Cripps J, 2 August 1985, unreported) Lesnewski v Mosman Municipal Council (2005) 138 LGERA 207
DATES OF HEARING: 26 November 2010
EX TEMPORE JUDGMENT DATE : 26 November 2010
APPLICANT I Hemmings (Barrister) SOLICITORS Williams Love & Nicol Lawyers LEGAL REPRESENTATIVES:
RESPONDENT J Doyle (Barrister) SOLICITORS Thomsons Lawyers
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