The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249

Land and Environment Court New South Wales

Medium Neutral Citation: The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249 Hearing dates: 6 August 2012 Decision date: 30 November 2012 Jurisdiction: Class 1 Before: Craig J Decision: 1. Appeal dismissed. 2. Appellant to pay the costs of the Respondent. 3. Exhibit may be returned. Catchwords: APPEAL - s 56A Land and Environment Court Act 1979 - development applications to erect a pole or poles on residential allotments as a component of an Eruv - erection of pole or poles incidental to use as a dwelling house - development appeals pursuant to s 97 of the Environmental Planning and Assessment Act 1979 - application to respondent under s 138 of the Roads Act 1993 for consent to construct an Eruv along 20kms of public road - jurisdiction of Court to consent to the latter application when determining appeals pursuant to s 97 of the Environmental Planning and Assessment Act 1979 - scope of power under s 39(2) of the Land and Environment Court Act 1979 to determine the application under the Roads Act - power not available - no error of law Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001

Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000

Ku-ring-gai Planning Scheme Ordinance Land and Environment Court Act 1979

Roads Act 1993

Uniform Civil Procedure Rules 2005 Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) [2009] NSWLEC 226; (2009) 172 LGERA 1