NSWNSWLEC
Noble and Anor v Cowra Shire Council
[2001] NSWLEC 149
Land and Environment Court (NSW)|2001-07-19|Before: Pearlman J, Mrs P
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Source factsCourt
Land and Environment Court (NSW)
Decision date
2001-07-19
Before
Pearlman J, Mrs P
Source
Original judgment source is linked above.
Judgment (4 paragraphs)
[1]
- For the reasons I have set out, I have concluded that the council failed to take into account a relevant consideration which it was bound to take into account, and that, accordingly, the applicants are entitled to the declaration and order which they seek.
[2]
- Since the applicants have been wholly successful in obtaining the declaration and order which they seek, it is appropriate to make an order for costs in their favour.
[3]
- I make the following formal orders: (1) I declare that the developmen t consent granted on 1 September 2000 by the respondent to C R and E M Thompson for a dairy, feedpad, machinery shed, hay shed and dwelling in relation to development application No 218/00 in respect of lots 85, 101 and 82 in deposited plan 752946 and lots 1 - 8 in deposited plan 19352 in the Parish of Merriganowry and located at Forbes Road, Cowra is invalid. (2) I order that the said development consent be set aside.