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[2001] NSWLEC 149
Land and Environment Court (NSW)
2001-07-19
Pearlman J, Mrs P
Original judgment source is linked above.
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.
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.
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.
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Noble and Anor
Cowra Shire Council
CITATION : Noble and Anor v Cowra Shire Council [2001] NSWLEC 149 APPLICANTS Noble and Anor PARTIES : RESPONDENT Cowra Shire Council FILE NUMBER(S) : 40178 of 2000 CORAM: Pearlman J KEY ISSUES: Judicial Review :- development consent - failure to consider a relevant matter - SEPP 30 - cattle feedlot Environmental Planning and Assessment Act 1979 s 79C(1)(a) LEGISLATION CITED: Land and Environment Court Act 1979 s 25B State Environmental Planning Policy No 30 - Intensive Agriculture Australian Broadcasting Tribunal v Bond and Ors (1990) 170 CLR 321; Corporation of the City of Enfield v Development Assessment Commission and Anor (2000) 106 LGERA 419; CASES CITED: Minister for Aboriginal Affairs and Anor v Peko-Wallsend Ltd and Ors (1986) 162 CLR 24; Parramatta City Council and Anor v Hale and Ors (1982) 47 LGRA 319; Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363; Timbarra Protection Coalition Inc v Ross Mining NL and Ors (1999) 46 NSWLR 55 DATES OF HEARING: 03/05/2001; 04/05/2001 DATE OF JUDGMENT: 07/19/2001
(1990) 170 CLR 321
(2000) 106 LGERA 419
(1986) 162 CLR 24
(1981) 38 ALR 363
(1999) 46 NSWLR 55