Tegra (NSW) Pty Limited v. Harden Shire Council [1998] NSWLEC 114
An applicant who continues to object to a consent condition, makes payments under protest, seeks to negotiate or challenge the condition, and only partially complies with it, does not by acting upon the development consent elect to abandon the right to appeal under Section 97 of the Environmental Planning & Assessment Act 1979.
- Jurisdiction
- Australia
- Judgment Date
- 10 July 1998
- Procedural Posture
- Class 1 Appeal / Preliminary Question of Law
- Outcome
- Preliminary question answered – applicant is relevantly dissatisfied under s 97
- Legal Topics
- ['development Consent' 'appeals Against Conditions' 'section 94 Contributions' 'estoppel' 'election' 'waiver' 'existing Use Rights']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 1 Appeal / Preliminary Question of Law
Legal Issues
- 1 ['Whether the applicant is an applicant dissatisfied with the determination of a consent authority within the meaning of Section 97 of the Environmental Planning & Assessment Act 1979']
Ratio Decidendi
An applicant who continues to object to a consent condition, makes payments under protest, seeks to negotiate or challenge the condition, and only partially complies with it, does not by acting upon the development consent elect to abandon the right to appeal under Section 97 of the Environmental Planning & Assessment Act 1979.
Court Disposition
Preliminary question answered – applicant is relevantly dissatisfied under s 97
Orders
- ['The hearing should proceed on the basis of the answer.' 'No order as to costs.' 'Exhibits may be returned.']
Full Case Text
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