NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Manning v Bathurst Regional Council (No 2) [2013] NSWLEC 186 Hearing dates: 8 and 9 October 2012, 4 February 2013 Decision date: 31 October 2013 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [122]. Catchwords: JUDICIAL REVIEW: whether council under an obligation to notify adjoining property owner of proposed development - whether failure to notify was manifestly unreasonable - whether re-notification of the development an appropriate order under s 25B of the Land and Environment Court Act 1979 - whether demolition of the development appropriate. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 79A(2), 79C, 103, 104, 124
Land and Environment Court Act 1979, ss 25B, 25C, 25E
Bathurst Regional (Interim) Local Environmental Plan 2005
Bathurst Regional (Interim) Development Control Plan 2011, cl 2.3 Cases Cited: Abebe v The Commonwealth [1999] HCA 14; (1999) 1977 CLR 510
ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67
Aldous v Greater Taree City Council [2009] NSWLEC 17; (2009) 167 LGERA 13
Anderson v Director General of the Department of Environmental and Climate Change [2008] NSWCA 337; (2008) 163 LGERA 400
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50
Canterbury City Council v Mihalopoulos [2010] NSWLEC 248
Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135
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