NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jetset Properties v Eurobodalla Shire Council [2007] NSWLEC 198
Applicant: Jetset Properties Pty Ltd PARTIES : Respondent: Eurobodalla Shire Council
FILE NUMBER(S) : 10685 of 2006
CORAM: Roseth SC
KEY ISSUES: Development Application :- economic and social impact, retail hierarchy
Kentucky Fried Chicken v Gantidis (1979) 140 CLR 675 at 687; Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373 at 378-39; CASES CITED: Cartier Holdings Pty Ltd v Newcastle City Council (2001) 115 LGERA 407; Randall Pty Ltd v Willoughby City Council (2005) 144 LGERA 119; Milne v Minister for Planning [No 2] [2007] NSWLEC 66
DATES OF HEARING: 10/04/2007, 11/04/2007, 12/04/2007, 07/05/2007
DATE OF JUDGMENT: 9 May 2007
Applicant: LEGAL REPRESENTATIVES: Mr M Craig, SC leading Mr R Lancaster, barrister instructed by Mr D O'Donnell, solicitor of Mallesons Stephen Jaques Respondent: Mr P Larkin, barrister leading Mr C Norton, barrister instructed by Ms N Simmons, solicitor of Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
9 May 2007
10685 of 2006 Jetset Properties Pty Ltd v Eurobodalla Shire Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Eurobodalla Shire Council (the council) of a development application to construct a building containing a supermarket, four specialty stores and a 108-space carpark on lot 299 DP 1038547, known as 2-10 Cunningham Crescent, Sunshine Bay.
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