NSW Caselaw
Land and Environment Court of New South Wales CITATION: David Crane & Associates Pty Limited -V- Kogarah Municipal Council [1999] NSWLEC 27
PARTIES Applicant: David Crane & Associates Pty Limited
Respondent: Kogarah Municipal Council
NUMBER: 10475 of 1998
CORAM: Pearlman J
KEY ISSUES: :- error of law/fact - relevant satisfaction - affordability
LEGISLATION CITED: error of law/fact - relevant satisfaction - affordability
DATES OF HEARING: 02/08/1999
DATE OF JUDGMENT DELIVERY: 03/02/1999
Applicant: Mr M H Tobias QC with Mr A E Galasso, Barrister
Solicitors: Dunhill Madden Butler LEGAL REPRESENTATIVES: Respondent: Mr C W McEwen, Barrister
Solicitors: Abbott Tout
JUDGMENT: Introduction
1. This is an appeal under s 56A of the Land and Environment Court Act 1979 brought by Kogarah Council ("the council") against the decision of Commissioner Roseth (formerly Assessor Roseth). Commissioner Roseth granted development consent subject to conditions to David Crane & Associates Pty Ltd ("the applicant"), in respect of a retirement village at Hurstville Grove comprising 26 self-care units in 13 buildings, and a building containing a communal meeting room and a swimming pool.
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