(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed form’. The application and the environmental impact statement were both submitted, but not at the same time.
Held: ‘substantial compliance’ with the statutory provisions would be satisfied even where the statement is lodged later than the application itself.
Judges:
Stein JA, Fitzgerald JA
Citations:
(2000) 111 LGERA 446, (2000) 50 NSWLR 312, [2000] NSWCA 364
Links:
Jurisdiction:
Australia
Cited by:
Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
Lists of cited by and citing cases may be incomplete.
Administrative
Updated: 06 December 2022; Ref: scu.403372
