Darley Australia Pty Ltd v Walfertan Processors Pty Ltd [2012] NSWCA 48 (22 March 2012)

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/48.html

LOCAL GOVERNMENT – building control – development application – principles – whether application in respect of “designated development” – Environmental Planning and Assessment Act 1979 (NSW), s 77A – identification of “existing or approved development” – Environmental Planning and Assessment Regulation 2000 (NSW) Sch 3, Pt 2, cl 35

APPEAL – appeal from Land and Environment Court – whether order or decision on question of law – where decision required formation of opinion appeal available if decision maker asked the wrong question – Land and Environment Court Act 1979 (NSW), s 57

EVIDENCE – presumption of regularity – whether applicable to issue of whether original development consent given – whether original consent can be inferred from subsequent development consents

PROCEDURE – adequacy of reasons – burden of proof – whether establishing existing use rights a principal contested issue between parties in merits hearing to determine development application