› whether permissible for approval authority Heritage Council to provide comments, rather than general terms of approval, with respect to portion of development application
› general terms of approval with respect to development outside curtilage of heritage item required where there is a relevant nexus
› relevant nexus apparent from Heritage Council decision
› misconstruction of statutory power
› jurisdictional error established
Words and Phrases
› “land”
› definition of land in s 57(1)(e) not restricted to curtilage of item or to lot on which item sits
› to be determined on a case by case basis
Words and Phrases
› “in relation to”
› protective purpose of the Heritage Act 1977
› interpretation promoting that purpose preferred to interpretation not promoting that purpose
Case Details
Citation[2018] NSWLEC 179
CourtNSWLEC
JurisdictionNew South Wales
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