NSW Caselaw
New South Wales Court of Appeal
CITATION: Jambrecina v Blacktown City Council [2009] NSWCA 228
HEARING DATE(S): 24 July 2009
JUDGMENT DATE: 31 July 2009
JUDGMENT OF: Giles JA at 1; Ipp JA at 2; Sackville AJA at 3
DECISION: 1. Appeal dismissed. 2. Appellant to pay the Respondent's costs.
CATCHWORDS: ENVIRONMENT AND PLANNING – Environmental Planning – Planning Offences – Appellant placed sheds on property – Land and Environment Court made declaration that development carried out without consent in contravention of s 76A(1) of Environmental Planning and Assessment Act 1979 – Consent for development subsequently granted – Whether utility in appeal against declaration – Whether sheds fell within definition of "building" or of "manufactured home", "moveable dwelling" or "associated structure" – Costs
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Local Government Act 1993
Gardner v The Dairy Industry Authority of New South Wales (1978) 52 ALJR 180 Hacienda Apartments Pty Ltd v Vago (Supreme Court of New South Wales, 19 May 1988, unreported) Jarvis v Queanbeyan City Council [2002] NSWCA 20 CASES CITED: Mulcahy v Blue Mountains City Council (1993) 81 LGERA 302 State of South Australia v Lampard-Trevorrow [2008] SASC 320 Styles v Wollondilly Shire Council [2002] NSWCA 67; (2002) 120 LGERA 172 Sun Life Assurance Co of Canada v Jervis [1944] AC 111 Wyong Shire Council v Cullen [2004] NSWLEC 171; (2004) 133 LGERA 355
PARTIES: Jadranka Jambrecina Blacktown City Council
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