NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Masterbuilt Pty Limited v Hornsby Shire Council [2005] NSWLEC 212
APPLICANT: Masterbuilt Pty Limited PARTIES : RESPONDENT: Hornsby Shire Council
FILE NUMBER(S) : 11390, 11391, 11553, 11554, 11556 - 11562 of 2004
CORAM: Pain J
KEY ISSUES: Appeal :- development application for multi-unit residential townhouses and residential flat buildings - operation of existing use rights - bulk and scale - internal amenity
Berowra/ Cowan Development Control Plan Environmental Planning and Assessment Act 1979 s 79C(1), s 108(3) Environmental Planning and Assessment Regulations 2000 cl 41(1) LEGISLATION CITED: Hornsby Local Environmental Plan 1994 Low Density Multi-unit Housing Development Control Plan Medium Density Multi-Unit Housing Development Control Plan Residential Subdivision Development Control Plan
Berowra RSL Community and Bowling Club Ltd v Hornsby Shire Council [2000] NSWLEC 243; Fodor Investments Pty Ltd v Hornsby Shire Council [2005] NSWLEC 71; CASES CITED: Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGRA 305; Star Property Investments Pty Limited and Another v Leichhardt Municipal Council [2000] NSWLEC 235
DATES OF HEARING: 05/04/2005 06/04/2005
DATE OF JUDGMENT: 05/18/2005
APPLICANT: Mr A Galasso (barrister) SOLICITORS: Maddocks LEGAL REPRESENTATIVES: RESPONDENT: Mr P Jackson (solicitor) SOLICITORS: Pike Pike & Fenwick
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