Funtime Investments Pty Limited v Yass Shire Council (No 2) [2004] NSWLEC 364

Land and Environment Court of New South Wales

CITATION : Funtime Investments Pty Limited v Yass Shire Council (No 2) [2004] NSWLEC 364 APPLICANT Funtime Investments Pty Limited PARTIES : RESPONDENT Yass Shire Council FILE NUMBER(S) : 10870 of 2003 CORAM: Moore C Development Application :- KEY ISSUES: Proposed consent orders Matters raised by objectors . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 . CASES CITED: DATES OF HEARING: 25 May 2004 EX TEMPORE 05/25/2004 JUDGMENT DATE :

APPLICANT Mr B Bilinsky, solicitor B Bilinsky & Co LEGAL REPRESENTATIVES: RESPONDENT Mr A Bradbury, solicitor Minter Ellison

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

25 May 2004 03/10870 Funtime Investments Pty Limited v Yass Shire Council

JUDGMENT

1 COMMISSIONER: The appeal that is presently before the Court is an appeal against a refusal by Yass Shire Council (as it then was) of Development Application 367 of 2002 for the proposed development of eleven strata villa units at 37 Dutton Street, Yass.

2 The proceedings came before the Court on the first occasion for substantive consideration on 26 March as a proposal, following revision and amendment of the plans, for consent orders to be entered into between the applicant and the council.