Captive Vision Pty Ltd v Ku-ring-gai Council (No 3) [2019] NSWLEC 1472

Land and Environment Court New South Wales

Medium Neutral Citation: Captive Vision Pty Ltd v Ku-ring-gai Council (No 3) [2019] NSWLEC 1472 Hearing dates: 19-20 September 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) The Exhibits are returned except for Exhibits A and 1. Catchwords: LAND AND ENVIRONMENT COURT – jurisdiction and power – issue of a construction certificate – approval under section 138 of the Roads Act 1993 – refusal by Roads and Maritime Services to grant concurrence – statutory interpretation of section 39 of the Land and Environment Court Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy No 64 – Advertising and Signage Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 4) (2009) 172 LGERA 1 NSW Commissioner of Police v Rabbits Eat Lettuce Pty Ltd [2019] NSWCA 182 Roads and Traffic Authority v Muir Properties (2005) 143 LGERA 192 RTA v Ashfield Municipal Council (2005) 141 LGERA 278; [2005] NSWCA 234 Category: Principal judgment Parties: Captive Vision Pty Ltd (Applicant) Ku-ring-gai Council (First Respondent) Roads and Maritime Services (Second Respondent) Representation: Counsel: A Galasso SC (Applicant) M Hanna (Solicitor) (First Respondent) M Astill (Second Respondent)