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[1998] NSWLEC 50
Land and Environment Court (NSW)
1998-11-27
Talbot J
Original judgment source is linked above.
For the reasons explained by the Court of Appeal in Strathfield M.C. v Drew , the making of a decision in respect of a general policy or a planning issue pursuant to a distinct statutory regime, such as the Water Supply Authority Act, is not to be regarded as relevant to a development consent. The Assessor therefore was correct not to take the matter of approval under that Act any further than he did.
However, the legal constraint imposed by cl 45 of the LEP leads to the inevitable conclusion that the Assessor, by granting consent, acted outside the jurisdiction of the Court.
I hereby certify that this and the preceding 8 pages are a true and accurate record of the reasons for judgment herein of the Honourable Justice R N Talbot
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Kogarah M.C.
Kent
CITATION : CODLEA PTY LTD v. BYRON SHIRE COUNCIL [1998] NSWLEC 50 PARTIES : CODLEA PTY LTD v. BYRON SHIRE COUNCIL FILE NUMBER(S) : 10021 of 1998 CORAM: Talbot J KEY ISSUES: :- Land and Environment Court Act s 56A LEGISLATION CITED: Water Supply Authorities Act 1987 Local Government Act 1993 Environmental Planning and Assessment Act 1979 Kogarah M.C. v Kent (1981) 46 LGRA 334; CASES CITED: Strathfield M.C. v Drew (1985) 1 NSWLR 338; Alumino Australia Pty Ltd v Minister Administering Environmental Planning and Assessment Act 1979 & Ors (1995) 88 LGERA 388 at 393-5 DATES OF HEARING: 27 November 1998 DATE OF JUDGMENT: 12/04/1998
(1985) 1 NSWLR 338
(1995) 88 LGERA 388