NSW Caselaw
New South Wales Court of Appeal
CITATION: Najask Pty Ltd v Palerang Council [2009] NSWCA 39
HEARING DATE(S): 25 February 2009
JUDGMENT DATE: 10 March 2009
JUDGMENT OF: Spigelman CJ at 1; Ipp JA at 2; Tobias JA at 3
(a) Grant leave to appeal on condition that the applicant file and serve its Notice of Appeal within 7 days of the date of these orders; DECISION: (b) Appeal dismissed; (c) The applicant to pay the respondent's costs of the Summons for leave to appeal and of the appeal.
CATCHWORDS: ENVIRONMENT AND PLANNING – environmental planning – planning schemes and instruments – local environmental plans – state environmental planning policies – whether a prohibition on development for the purpose of caravan parks in a local environmental plan was inconsistent with the state environmental planning policy – definition of "caravan park" – whether the terms "moveable dwelling" and "manufactured home" imported a degree of permanency of habitation or occupancy – whether the permissibility of development with consent of caravan parks for the purpose of "tourist facilities" allowed for the construction of manufactured homes for permanent or long-term residence
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Local Government Act 1993
CASES CITED: Najask Pty Ltd v Palerang Council [2008] NSWLEC 160 Wygiren Pty Ltd v Kiama Municipal Council [2008] NSWLEC 56
PARTIES: Najask Pty Limited Palerang Council
FILE NUMBER(S): CA 40233/08
COUNSEL: A: T Robertson SC / J Lazarus R: J Robson SC / C Ireland
SOLICITORS: A: Pikes Lawyers, Sydney R: Minter Ellison Lawyers, Canberra
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