NSW Caselaw
Land and Environment Court of New South Wales CITATION: Bertino Pty Ltd v Concord Council [1999] NSWLEC 242
PARTIES APPLICANT Bertino Pty Ltd
RESPONDENT Concord Council
NUMBER: 10570 of 1999
CORAM: Sheahan J
KEY ISSUES: :- Question of Law - Preliminary Question of Law - whether proposed development is prohibited Characterisation and Interpretation - proper characterisation of the proposed development - whether a flat or dwelling house
LEGISLATION CITED: Concord Planning Scheme Ordinance
DATES OF HEARING: 09/23/1999
DATE OF JUDGMENT DELIVERY: 10/22/1999
APPLICANT Mr G Newport SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Mr J Ayling SOLICITORS Lorton Duke & Co
JUDGMENT: IN THE LAND AND Matter No: 10570 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 22 October 1999
BERTINO PTY LIMITED Applicant v
CONCORD COUNCIL Respondent
JUDGMENT
Introduction
1. This judgment deals with a preliminary Question of Law of crucial significance to the success of this Class 1 appeal, filed on 23 July 1999, against the deemed refusal of development application 181/99 concerning No.154 and No.154A George Street, North Strathfield.
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