APPEAL — appeal against Commissioner's decision on a question of law — refusal of development application concerning proposed construction and use of two buildings for takeaway food premises and associated works — development with frontage to classified road — whether Commissioner erred in construing the relevant criteria governing approval of development on land with frontage to a classified road — "where practicable, vehicular access to the land is provided by a road other than a classified road" — Commissioner did not err in finding in that vehicular access be provided by a road other than the classified road, but did err in construing the requirement that such vehicular access be "where practicable" — whether it was fair and reasonable for an order for costs to be made in favour of appellant — not fair and reasonable to make costs order — appeal allowed — matter remitted
Case Details
Citation[2013] NSWLEC 138
CourtNSWLEC
JurisdictionNew South Wales
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