Cross CJ v Hornsby Shire Council [1999] NSWLEC 126

Cross CJ v Hornsby Shire Council [1999] NSWLEC 126

As the notice failed to mention the determination regarding condition 25 and failed to inform the applicant of the right of appeal, it did not comply with regulation 73A, whose requirements are mandatory. Therefore, the notice is invalid.

Parties
Applicant: Cross CJ; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
08 June 1999
Procedural Posture
Development Application Appeal / Judgment
Outcome
Notice declared invalid
Legal Topics
Development Consent Modification, Mandatory Requirements for Notice, Right of Appeal
Administrative Law Planning Law Development Consent Modification Mandatory Requirements for Notice Right of Appeal

Case Brief

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Parties

Cross CJ

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Development Application Appeal / Judgment

Legal Issues

  1. 1 Whether the notice given by council complied with regulation 73A of the Environmental Planning and Assessment Regulations 1994.
  2. 2 Whether the omission to mention condition 25 and the right of appeal rendered the notice invalid.
  3. 3 Whether requirements of regulation 73A are mandatory.

Ratio Decidendi

As the notice failed to mention the determination regarding condition 25 and failed to inform the applicant of the right of appeal, it did not comply with regulation 73A, whose requirements are mandatory. Therefore, the notice is invalid.

Court Disposition

Notice declared invalid

Orders

  • The Notice to Applicant dated 22 December 1996 issued by the respondent to the applicant is invalid.
  • The exhibits be returned.