NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Whittaker v Northern Beaches Council (No 3) [2018] NSWLEC 143 Hearing dates: 13 September 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Class 1 Before: Pepper J Decision: See at [88] – [90]. Catchwords: SEPARATE QUESTION: whether proposed development is permissible with consent or is prohibited – applicable principles of construction of an environmental planning instrument – meaning of "geotechnical hazard" and "natural hazard" – whether the term "geotechnical hazard" is a "like description" for "natural hazard" – held it is not – development permissible with consent. Legislation Cited: Pittwater Local Environmental Plan 2014, cl 7.7
Pittwater Development Control Plan 21 (the Geotechnical Risk Management Policy for Pittwater – 2009)
Resource Management Act 1991 (NZ)
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, Sch 1, cls 4(1)(a), 4(6), 5, 14, 15
Uniform Civil Procedure Rules 2005, r 28.2 Cases Cited: 4Nature Inc v Centennial Springvale Pty Ltd [2017] NSWCA 191; (2017) 224 LGERA 301
Druitts Developments Pty Ltd v Gosford City Council [2001] NSWLEC 96; (2001) 114 LGERA 61
House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; (2000) 48 NSWLR 498
Marine Power Australia Pty Ltd v Comptroller-General of Customs [1989] FCA 336; (1989) 89 ALR 561
Mark Mayne Pty Limited v Suburban Centres Pty Ltd [1976] 2 NSWLR 67
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