Boral Resources (Country) Pty Ltd v Clarence Valley Council & Avard; Cemex Australia Pty Ltd v Clarence Valley Council & Avard

[2009] NSWLEC 81

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. JUDICIAL REVIEW :- whether development application properly notified - whether development advertised development - whether notice requirements of DCP could be dispensed with
1. DESIGNATED DEVELOPMENT :- whether alterations and additions were designated development - whether such characterisation a question of jurisdictional fact - whether council formed an opinion about no significant environmental impact
1. DEVELOPMENT APPLICATION - whether amendment of development application was for new development
1. PROCEDURAL FAIRNESS - whether failure to notify objector of decision to accept amendment to development application a breach of procedural fairness - whether legitimate expectation of further notification