Reported Decision: (2006) 149 LGERA 41
Land and Environment Court
of New South Wales
CITATION: Bechara v Plan Urban Services Pty Ltd & Ors [2006] NSWLEC 594 PARTIES: APPLICANT
Georgette BecharaFIRST RESPONDENT
Plan Urban Services Pty LtdSECOND RESPONDENT
John BoulasTHIRD RESPONDENT
FOURTH RESPONDENT
Australian Advanced Building Pty Ltd
City of Canada Bay CouncilFILE NUMBER(S): 40787 of 2006 CORAM: Jagot J KEY ISSUES: Judicial Review :- s 96(1A) modification application - alleged misdirection - whether status of satisfaction formed by consent authority reasonably open - substantially the same and minimal environmental impact LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C, s 96
Roads Act 1993 s 138
Environmental Planning and Assessment Regulation 2000 cl 119(2)CASES CITED: ASIC v Rich [2005] NSWSC 149;
Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223;
Attorney-General for the State of New South Wales v Quin (1990) 170 CLR 1;
Austcorp No 459 Pty Limited v Baulkham Hills Shire Council (2002) 122 LGERA 205;
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139;
King, Markwick, Taylor & Ors v Bathurst Regional Council [2006] NSWLEC 505;
Minister for Immigration and Ethnic Affairs v Wu Shan Liang and Others (1996) 185 CLR 259;
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611;
Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298;
North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468;
Save our Street Incorporated v Settree (2006) NSWLEC 570;
Telstra Corporation Ltd and Another v Hurstville City Council and Others (2002) 118 FCR 198;
The Council of the City of Parramatta v Pestell (1972) 128 CLR 305;
Wyong Shire Council v MCC Energy Pty Ltd (2005) 139 LGERA 296DATES OF HEARING: 15/09/2006
DATE OF JUDGMENT:
09/18/2006LEGAL REPRESENTATIVES: APPLICANT
Mr M Sahade
SOLICITORS
Phillips FoxFIRST RESPONDENT
Mr J A Ayling SC
SOLICITORS
Abbott ToutSECOND RESPONDENT
Mr J A Ayling SC
SOLICITORS
Abbott ToutTHIRD RESPONDENT
FOURTH RESPONDENT
Mr J A Ayling SC
SOLICITORS
Abbott Tout
Mr P Jackson (solicitor)
SOLICITORS
Pike Pike & Fenwick
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESJagot J
18 September 2006
40787 of 2006
GEORGETTE BECHARA
ApplicantPLAN URBAN SERVICES PTY LTD
First RespondentJOHN BOULAS
Second RespondentAUSTRALIAN ADVANCED BUILDING PTY LTD
Third RespondentJUDGMENTCITY OF CANADA BAY COUNCIL
Fourth Respondent
Jagot J:
Introduction
1 The applicant seeks a declaration that the modification of development consent 220/2004 approved by the City of Canada Bay Council (“the Council”) by notice dated 24 August 2006 is invalid and of no effect, and orders consequential upon that declaration.
2 The declaration is claimed on four grounds, none of which were clearly disclosed in the applicant’s points of claim. That fact caused the first, second and third respondents to object to the applicant relying on these claims, albeit without any suggestion that those respondents…
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- AGLC
- Bechara v Plan Urban Services Pty Ltd [2006] NSWLEC 594
- Case
- [2006] NSWLEC 594
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