Moore and Anor v Yarrowlumla Shire Council [2002] NSWLEC 62

Moore and Anor v Yarrowlumla Shire Council [2002] NSWLEC 62

The river toilet block is ancillary to the tourist park and not an independent use, so the development application was not for designated development and the objectors do not have a right of appeal under s 98(1) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
03 May 2002
Procedural Posture
Class 1 Appeal / Application to Strike Out
Outcome
class 1 proceedings struck out
Legal Topics
['development Consent' 'designated Development' 'right of Appeal' 'objector Rights']
['planning Law'] ['development Consent' 'designated Development' 'right of Appeal' 'objector Rights']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Application to Strike Out

Legal Issues

  1. 1 ['Whether the objectors have a right of appeal against the grant of development consent to persons other than themselves' 'Whether the development application was for designated development']

Ratio Decidendi

The river toilet block is ancillary to the tourist park and not an independent use, so the development application was not for designated development and the objectors do not have a right of appeal under s 98(1) of the Environmental Planning and Assessment Act 1979.

Court Disposition

class 1 proceedings struck out

Orders

  • ['The class 1 proceedings are struck out.' 'The applicants must pay the costs of the respondent as agreed or as assessed.' 'The exhibits may be returned.']