PROCEDURE — summary dismissal of an appeal under s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act) — development application not accompanied by an environmental impact statement — application identified as being for designated development only after commencement of the appeal — whether absence of an environmental impact statement at the time of commencing appeal rendered the appeal incompetent — whether reliance could be placed upon s 82(1) of the EPA Act — whether development application had been 'lodged' so as to engage cl 113 of the Environmental Planning and Assessment Regulation 2000 (the Regulation) — significance of consent authority's entitlement to reject application under cl 51 of the Regulation — operation of the assessment period and 'stop-the-clock' provisions in the Regulation — whether the Court could make a nunc pro tunc order in respect of the appeal
Case Details
Citation[2013] NSWLEC 146
CourtNSWLEC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
