Connery v Manly Council [1999] NSWLEC 284

Connery v Manly Council [1999] NSWLEC 284

The Land and Environment Court has power, when hearing an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify development consent, to grant approval under s 138 of the Roads Act 1993, as such function is vested in the Court by s 39(2) of the Land and Environment Court Act 1979 and forms part of the 'matter' the subject of the original appeal.

Jurisdiction
Australia
Judgment Date
23 December 1999
Procedural Posture
Appeal / Question of Law on Application to Modify Development Consent
Outcome
Question of law answered in the affirmative
Legal Topics
['modification of Development Consent' 'roads Act Approval' 'court Jurisdiction Under S 138 Roads Act']
['planning Law' 'administrative Law'] ['modification of Development Consent' 'roads Act Approval' 'court Jurisdiction Under S 138 Roads Act']

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Procedural Posture

Appeal / Question of Law on Application to Modify Development Consent

Legal Issues

  1. 1 ['Whether the Court has power to grant approval under section 138 of the Roads Act 1993 when modifying development consent under section 96 of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Land and Environment Court has power, when hearing an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify development consent, to grant approval under s 138 of the Roads Act 1993, as such function is vested in the Court by s 39(2) of the Land and Environment Court Act 1979 and forms part of the 'matter' the subject of the original appeal.

Court Disposition

Question of law answered in the affirmative

Orders

  • ['The Court has power to grant approval under section 138 of the Roads Act 1993 when hearing an application under section 96 of the EP&A Act to modify development consent.']