Devine v The Retreat Village Pty Ltd [2023] NSWCATCD 71
- NCAT 27 July 2023
Legislation cited: Civil and Administrative Tribunal Act 2013, Environmental Planning and Assessment Act 1979, Local Government Act 1993, Residential (Land Lease) Communities Act 2013, Interpretation Act 1987 Catchwords: RESIDENTIAL (LAND LEASE) COMMUNITIES —whether refusal of consent for solar installation “unreasonable”.
The main issue for determination by the Tribunal is whether the respondent’s withholding of consent to install a solar system is unreasonable under s 42(4) of the RLLC. After considering all of the information before it the Tribunal finds that the refusal by the respondent was not unreasonable.