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Screnci & Anor v Willoughby Council

Screnci & Anor v Willoughby Council

Case [2015] NSWLEC 1256

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AGLC: Screnci & Anor v Willoughby Council [2015] NSWLEC 1256
Case: [2015] NSWLEC 1256
Decision Date: 10 July 2015

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See paragraph [153]

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Citations

Screnci & Anor v Willoughby Council [2015] NSWLEC 1256

Most Recent Citation

Screnci v Willoughby City Council [2015] NSWLEC 1444

Cases Citing This Decision

Screnci v Willoughby City Council (No 2) [2016] NSWLEC 1182
Citation 1 (Para 2)

…of that judgment, the background of the applications and the appeals was the subject of an earlier judgment, Screnci & Anor v Willoughby City Council [2015] NSWLEC 1256. These reasons should be read together with the two earlier judgments.…
Screnci v Willoughby City Council [2016] NSWLEC 1137
Citation 2 (Para 3)

…The seven appeals were heard together, and on 10 July 2015 judgment was delivered: Screnci & Anor v Willoughby Council [2015] NSWLEC 1256 (the July Decision). In the July Decision the background to the applications and the appeals is outlined. Those reasons identify, and provide detail of, the applicable planning con…
Screnci v Willoughby City Council [2015] NSWLEC 1543
Citation 3 (Para 2)

…The seven appeals were heard together, and on 10 July 2015 judgment was delivered: Screnci & Anor v Willoughby Council [2015] NSWLEC 1256. In that judgment the background to the applications and the appeals is outlined, and reasons were given for a determination that development consent should not be granted to the d…
Willoughby City Council v Screnci [2015] NSWLEC 192
Citation 4 (Para 3)

…As a result of the decision by a Commissioner of the Court in related proceedings and delivered on 10 July 2015 ( Screnci v Willoughby City Council [2015] NSWLEC 1256), the parties were invited to make any further submissions relevant to these proceedings that arose from the Commissioner’s decision. The last of those…
Screnci v Willoughby City Council [2015] NSWLEC 1444
Citation 5 (Para 2)

…The seven appeals were heard together, and on 10 July 2015 judgment was delivered: Screnci & Anor v Willoughby Council [2015] NSWLEC 1256. In that judgment the background to the applications and the appeals is outlined, and reasons were given for a determination that development consent should not be granted to the d…

Cases Cited

Statutory Material Cited

Chami v Lane Cove Council [2015] NSWLEC 1003
Citation 1 (Para 63)

…of development consent, have been undertaken on the site: Ireland v Cessnock City Council (1999) 110 LGERA 311 at [38]. In Chami v Lane Cove Council [2015] NSWLEC 1003 at [154]-[156] Moore SC stated the approach to be adopted:…
Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321
Citation 2 (Para 74)

…s of the development proposed on the environment existing at the time of determination of the application: Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 at [55]. Just as that task cannot be undertaken by a comparison with an earlier unimplemented consent, it should not in my view be undertaken by maki…
Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99
Citation 3

…nied by an application for consent to use such structure as was the subject of the building certificate application. 155 In Jonah v Pittwater Council [2006] NSWLEC 99, (2006) 144 LGERA 408, Preston CJ traced the continuing line of authority from Kouflidis and confirmed that that line remained good law in New South…
Mineral Wealth Pty Ltd v Gosford City Council [2003] NSWLEC 153
Citation 4 (Para 69)

…That course is consistent with the decision of Pain J in Mineral Wealth Pty Ltd v Gosford City Council (2003) 127 LGERA 74, where her Honour rejected a challenge to a decision of a Commissioner determining whether development consent should be granted for prospective use of a shed and then directing the council to issue a building certificate, there…
Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276
Citation 5 (Para 67)

…lding certificate application determination process, as a form of notional development assessment: Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276.…
Ireland v Cessnock City Council [1999] NSWLEC 250
Citation 6 (Para 63)

…or works contrary to the conditions of any previous development consent, or in the absence of development consent, have been undertaken on the site: Ireland v Cessnock City Council (1999) 110 LGERA 311 at [38]. In Chami v Lane Cove Council [2015] NSWLEC 1003 at [154]-[156] Moore SC stated the approach to be adopted:…

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