NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McNeill v Avalon Surf Life Saving Club (No 3); McNeill v Avalon Surf Life Saving Club (No 3) [2013] NSWLEC 192 Hearing dates: 6 November 2013 Decision date: 08 November 2013 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [66]. Catchwords: JUDICIAL REVIEW: review of redevelopment of club building sought - alleged lack of notification - validity of amendment to plan of management - car parking, heritage and amenity issues - no breach found - merits issues not within Court's Class 4 jurisdiction - summonses dismissed.
COSTS: whether proceedings public interest litigation - "something more" absent - disentitling conduct by applicant - applicant to pay respondents' costs. Legislation Cited: Environmental Planning and Assessment Act 1979, s 124
Heritage Act 1977
Local Government Act 1993, ss 38-40A, 674
Land and Environment Court Rules 2007, r 4.2
Pittwater 21 Development Control Plan, cl 2.2 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280
Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187
Edgar Allan Planning Pty Limited v Woollahra Municipal Council [2006] NSWLEC 790; (2006) 150 LGERA 1
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 3) [2013] NSWLEC 152
McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 69
McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 72
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