JUDICIAL REVIEW :- development consent - characterisation of proposed supermarket under Hastings Local Environmental Plan 2001 - proposed supermarket a "general store" not a "shop" - whether "general store" is nevertheless a species of "shop" in the relevant zone and therefore prohibited
JURISDICTION :- validity of notice of development consent - notice invalid as it did not adequately describe the land - valid notice under s 101 of the Environmental Planning and Assessment Act 1979 would not apply to council classification of a development as permissible or prohibited - incorrect classification as prohibited would be beyond power - Hickman principle
WORDS AND PHRASES :- "general store" - "shop" - Hastings Local Environmental Plan 2001
Case Details
Citation[2009] NSWLEC 99
CourtNSWLEC
JurisdictionNew South Wales
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