NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Don Fox Planning Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 484 APPLICANT: Don Fox Planning Pty Limited PARTIES : RESPONDENT: Baulkham Hills Shire Council
FILE NUMBER(S) : 10603 of 2004 CORAM: Watts C at 1 KEY ISSUES: Development Consent :- Whether the development if modified will remain substantially the same as the development for which consent was originally granted - Whether the proposed continued use of the building as a real estate agency is in the public interest. LEGISLATION CITED: Baulkham Hills Shire Council's Local Environmental Plan 1991, (BHLEP) - Sydney Regional Environmental Plan No 19 - Rouse Hill Development Area, (SREP19) - Development Control Plan No. 32 - Kellyville Rouse Hill Residential, (DCP32) - Environmental Planning and Assessment Act 1979, ss79C and 96(6) - Existing use rights, (EUR) CASES CITED: Mison and Others v Randwick Municipal Council and Others (1991) 23 NSWLR 734 - Parramatta City Council v Brickworks Limited 36 LGERA 437 - Progress and Securities Pty Limited v North Sydney Municipal Council [1988] NSWLEC 55 (19 August 1988) DATES OF HEARING: 31/08/2004 DATE OF JUDGMENT: 08/31/2004
APPLICANT: Mr J C Cole, solicitor SOLICITORS: Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT: Mr A Galasso barrister instructed by Mr A I Petersen, solicitor SOLICITORS: PricewaterhouseCoopers Legal
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