Lachlan Haskins v Yass Valley Council

• 1. Practice and Procedure
  2. › Appeals
  3. › Time within which appeals may be made
  4. › Class 1 appeal to Land and Environment Court
  5. › Whether appeal filed out of time
  6. › Whether consent authority had power to determine review after expiry of appeal period
  7. › Environmental Planning and Assessment Act 1979 (NSW), ss 8.3(2)(a), 8.10(1)(a)
• 1. Planning and Environment
  2. › Development consent
  3. › Review of determination under Division 8.2
  4. › Power of consent authority to conduct review
  5. › Whether power exhausted after expiry of period within which appeal may be made to Court
  6. › Whether lodging of review request preserves appeal right
  7. › Environmental Planning and Assessment Act 1979 (NSW), ss 8.2, 8.3, 8.4, 8.5, 8.6
• 1. Planning and Environment
  2. › Development consent
  3. › Review of determination
  4. › Whether determination 'changed on review' within meaning of s 8.5(4)
  5. › Whether upholding refusal with different reasons constitutes a changed determination
  6. › Environmental Planning and Assessment Act 1979 (NSW), ss 8.4, 8.5(4)
• 1. Costs
  2. › Land and Environment Court
  3. › Class 1 proceedings
  4. › Whether fair and reasonable to make costs order
  5. › Central issue determinative and preliminary to merits evaluation
  6. › Conduct of parties in circumstances leading up to commencement of proceedings
  7. › Land and Environment Court Rules 2007 (NSW), r 3.7

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