Australia, April 21 -- New South Wales Land and Environment Court issued text of the following judgement on March 20:
1. This appeal from a decision of a Commissioner refusing a development application for a new residential flat building raises two questions of law. The first concerns the proper construction of a standard objective of the R1 General Residential zone that is found in all local environmental plans throughout the State. The second concerns the proper process for affording procedural fairness in a development appeal where there are no contested issues joined between the parties and the parties seek orders by consent.
The development application and appeal against deemed refusal
2. The appellant, Billyard Ave Developments Pt...