Terry Street Pty Limited v Leichhardt Municipal Council [2007] NSWLEC 131

Land and Environment Court of New South Wales

CITATION : Terry Street Pty Limited v Leichhardt Municipal Council [2007] NSWLEC 131 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Terry Street Pty Limited PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 11464 of 2005

CORAM: Moore C

KEY ISSUES: Contaminated Land - Development Application :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919

CASES CITED: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117

DATES OF HEARING: 22 to 25 May, 1 August 2006, 5, 6, 7, 9 and 14 March 2007

DATE OF JUDGMENT: 30 April 2007

APPLICANT Ms H Irish, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Minter Ellison

RESPONDENT Mr G Green, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

30 April 2007

11464 of 2005 Terry Street Pty Limited v Leichhardt Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/