NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19 Hearing dates: 9 February 2012 Decision date: 09 February 2012 Jurisdiction: Class 1 Before: Craig J Decision: 1. The separate question, as posed, is answered: "Yes". 2. Costs are reserved. Catchwords: ENVIRONMENT AND PLANNING: development application - landowner's consent - cl 1(1)(i) of Pt 1 of Sch 1 to The Environmental Planning and Assessment Regulation 2000 (the Regulation) - evidence of landowner's consent contained in a deed between landowner and development applicant - amendment of development application by applicant under cl 55 of the Regulation - landowner's consent not given to the amendment - landowner's consent first given to development application as lodged sufficient to maintain compliance with the requirement for landowner's consent to the application as amended. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Amendment (Pt 3A Repeal) Regulation 2011 Fisheries Management Act 1994 Marine Parks Act 1997 Marine Parks (Zoning Plan) Regulation 1999 Water Management Act 2000 Cases Cited: Radray Construction Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155; (2006) 145 LGERA 292 Rose Bay Afloat Pty Ltd v Woollahra Council [2002] NSWLEC 208; (2002) 126 LGERA 36 Category: Separate question Parties: Rothwell Boys Pty Ltd (Applicant) Coffs Harbour City Council (First Respondent) Minister Administering the Water Management Act 2000 (Second Respondent) Roger Anthony Barker (Third Respondent) Representation: Mr M D Seymour (Applicant) Ms J Hewitt (Solicitor) (First Respondent) No appearance (Second Respondent) Mr P J McEwen SC (Third Respondent) Gadens Lawyers (Applicant) HWL Ebsworth Lawyers (First Respondent) No appearance (Second Respondent) Adendorffs Solicitors & Conveyancers (Third Respondent) File Number(s): 10571 of 2011
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