NSW Caselaw
Reported Decision : (2008) 158 LGERA 250
Land and Environment Court of New South Wales
CITATION : F & D Bonaccorso Pty Ltd v City of Canada Bay Council (No 2) [2007] NSWLEC 537 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT: F & D Bonaccorso Pty Ltd
FIRST RESPONDENT: City of Canada Bay Council
PARTIES : SECOND RESPONDENT: Arinson Pty Limited
THIRD RESPONDENT: Omaya Holding Pty Limited
FOURTH RESPONDENT: Omaya Investments Pty Limited
FILE NUMBER(S) : 40171 of 2007
CORAM: Biscoe J
KEY ISSUES: Judicial Review :- Apprehended Bias - whether council development consent for demolition of houses including heritage listed items invalid - whether council failed to take into account mandatory considerations - principles concerning failure to consider mandatory considerations - whether council obliged, or failed, to consider heritage impact statement - principles concerning the content of heritage impact statements - whether council obliged, or failed, to consider its conservation policy, matters required under local environmental plan, public submissions, draft local environmental plan and draft development control plan - whether council apparently biased in its determination of development consent, in the sense it had predetermined the application, by reason of contracting with developer to accept and approve future application for demolition of properties including heritage items - principles concerning apprehended bias by councils
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