PROCEDURE — interlocutory applications — application to strike out contentions in Statement of Facts and Contentions — whether presence of threatened species on subject land can be raised as a ground on which to refuse development consent -applicable planning instrument biodiversity certified pursuant to Threatened Species Conservation Act 1995 — consideration of savings and transitional provisions of the Threatened Species Act — statutory scheme does not preclude consideration of impact on a threatened species under s 79C of the Environmental Planning and Assessment Act 1979 — motion for separate question under Uniform Civil Procedure Rules, r 28.2 — whether determination of separate question is appropriate — facts and relevant documents still in dispute between the parties and necessary to be agitated at the final hearing — applications dismissed
Case Details
Citation[2011] NSWLEC 154
CourtNSWLEC
JurisdictionNew South Wales
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