NSW Caselaw
New South Wales Court of Appeal
CITATION: Pselletes v Randwick City Council [2009] NSWCA 262
HEARING DATE(S): 18 August 2009
JUDGMENT DATE: 8 September 2009
JUDGMENT OF: Ipp JA at 1; Tobias JA at 2; Sackville AJA at 56
(a) Appeal dismissed. DECISION: (b) The appellant to pay the Council's costs of the appeal. (c) Note the Agreement signed by the parties and filed with the papers in the Registry on 3 September 2009 with respect to Points 2 and 3 of the Order issued by the Council under s 121B of the Environmental Planning and Assessment Act 1979 and referred to at [3] of the judgment of Sheahan J of 15 August 2008.
CATCHWORDS: ENVIRONMENT AND PLANNING – Environmental planning – Development control – Consents, approvals and permits – What constitutes consent – Development application for home renovations – Proposal to construct balcony subsequently withdrawn by applicant – Council determined to approve application exclusive of balcony – Notice of determination sent to applicant indicated inclusion of balcony in consent – Whether consent is constituted by determination of consent authority to approve development application under s 80(1) of Environmental Planning and Assessment Act 1979 or notification of determination under s 81
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979
CATEGORY: Principal judgment
Alcoa Australia Rolled Products Pty Ltd v Weston Aluminium Pty Ltd [2006] NSWCA 273; (2006) 148 LGERA 439 Auburn Municipal Council v Szabo (1971) 67 LGRA 427 Elarosa Investments Pty Ltd v South Sydney City Council (1994) 83 LGERA 211 Hopkins v Tweed Shire Council [2001] NSWLEC 75; (2001) 113 LGERA 406 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Miller-Mead v Minister for Housing and Local Government [1963] 2 QB 196 Notaras v Waverley City Council [2007] NSWCA 333; (2007) 161 LGERA 230 Panagopoulos v Willoughby City Council (1992) 78 LGERA 270 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Stebbins v Lismore City Council (1988) 64 LGRA 132 Woolworths Ltd v Campbells Cash & Carry Pty Ltd (1996) 92 LGERA 244
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