NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Davis v Gosford City Council [2013] NSWLEC 49 Decision date: 16 April 2013 Jurisdiction: Class 1 Before: Pepper J Decision: Appeal dismissed with costs. Exhibits returned. Catchwords: APPEAL: s 56A appeal - whether Commissioners bound by earlier findings and decision of judge of the Court in separate but related proceedings - whether Commissioners asked themselves the wrong question - whether Commissioners took into account irrelevant considerations - whether Commissioners failed to take into account mandatory relevant considerations - whether Commissioners made findings absent any evidence - parties bound by conduct of hearing before the Commissioners - appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 5A, 78A(8)(b), 79C(1)(b), 82B, 97
Land and Environment Court Act 1979, s 56A
Threatened Species Conservation Act 1995, Sch 7 cl 26(1)
Environmental Planning and Assessment Regulation 2000, cls 51(2)(b), 64
Gosford Local Environmental Plan No 22, cls 23, 24(a), 24(b), 25
Gosford Local Environmental Plan No 457 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Bankstown City Council v El Dana [2009] NSWLEC 68
Baulkham Hills Shire Council v Basemount Pty Ltd [2003] NSWCA 189; (2003) 126 LGERA 339
BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399; (2004) 138 LGERA 237
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