NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kearney v Parramatta City Council [2006] NSWLEC 786
APPLICANT Chris Kearney PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10233 of 2006
CORAM: Murrell C
KEY ISSUES: Development Application :- Pet crematorium perception and physical impacts; emissions; traffic; odour and fumes; noise and dust and parking; and impact on residential amenity
Environmental Planning and Assessment Act LEGISLATION CITED: Parramatta Local Environmental Plan 2001 Parramatta Sydney Regional Environmental Plan No. 28
Zhang v Canterbury City Council [2001] NSWCA 167; CASES CITED: BGP Properties v Lake Macquarie City Council [2004] NSWLEC 399; Broad v Brisbane Council
DATES OF HEARING: 26/07/2006
EX TEMPORE JUDGMENT DATE : 11/16/2006
APPLICANT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick
LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
16 November 2006
10233 of 2006 Chris Kearney v Parramatta City Council
JUDGMENT This determination was given extemporaneously and it has been edited prior to publication. 1 This is an appeal under s 97 of the Environmental Planning And Assessment Act against Parramatta City Council's refusal of a development application for a facility described as a "Pet Crematorium". That is the cremation of domestic animals.
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