Westpoint Corp. Pty Ltd v Rockdale City Council [2000] NSWLEC 148

Reported Decision : 109 LGERA 398

Land and Environment Court of New South Wales

CITATION : Westpoint Corp. Pty Ltd v Rockdale City Council [2000] NSWLEC 148 APPLICANT: Westpoint Corp. Pty Ltd PARTIES : RESPONDENT: Rockdale City Council FILE NUMBER(S) : 10362 of 2000 CORAM: Bignold J KEY ISSUES: Question of Law :- whether proposed "mixed use development" is prohibited by LEP. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97 CASES CITED: Egan v Hawkesbury City Council (1993) 79LGERA 321; Friends of Pryor Park Inc v Ryde Council (unreported 25 September 1995 Bignold J)) DATES OF HEARING: 08/06/00 DATE OF JUDGMENT: 07/12/2000

APPLICANT: Mr P McClellan QC SOLICITORS] Coudert Bros LEGAL REPRESENTATIVES: RESPONDENT: Mr D Officer QC with Mr J Johnson, Barrister SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND Matter No . 10362 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 14 July 2000

WESTPOINT CORPORATION PTY LTD

Applicant

v

ROCKDALE CITY COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Council has raised a question of law for preliminary determination in pending Class 1 proceedings involving an appeal pursuant to Environmental Planning and Assessment Act 1979 s 97 against the Council's deemed refusal of the Applicant's development application to carry out a major development on land known as lot 8 Deposited Plan 231950 and lot 2 Deposited Plan 247112 situate at 383 West Botany Street, Rockdale (the appeal site).