Bouchahine v Hornsby Shire Council [2003] NSWLEC 24

> Reported Decision : 124 LGERA 280

Land and Environment Court of New South Wales

CITATION : Bouchahine v Hornsby Shire Council [2003] NSWLEC 24 APPLICANT: Bouchahine

PARTIES : RESPONDENT: Hornsby Shire Council

FILE NUMBER(S) : 10224 of 2002 CORAM: Bignold J KEY ISSUES: Question of Law :- proper interpretation of provisions including defined terms "home industry" and "light industry" in LEP. LEGISLATION CITED: Land and Environment Court 1979, s 56A Crosland v North Sydney Council (2000) 109 LGERA 244; CASES CITED: Doyle v Newcastle City Council (1990) 71LGRA 55; Gilderthorpe Investment v Sutherland Shire Council (2000) 109 LGERA 275 DATES OF HEARING: 06/12/02 EX TEMPORE JUDGMENT DATE : 12/06/2002

APPLICANT: Mr P Clay, Barrister SOLICITORS Macquarie Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr C Leggatt, Barrister SOLICITORS McKee's Legal Solutions

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No .: 10224 of 2002 Coram : Bignold J 6 December 2002

JOHN BOUCHAHINE

Applicant

v

HORNSBY SHIRE COUNCIL

Respondent

JUDGMENT

1. This is an appeal pursuant to s 56A of the Land and Environment Court Act 1979 against the decision of Commissioner Brown in proceedings where he dismissed an appeal challenging the Council's decision on a development application. It is apparent from his reasons for judgment published on 23 August 2002 that the question debated before the Commissioner which was crucial to the outcome and to his decision was, as he aptly put it in paragraph 10, whether the proposed development complied with the definition of "home industry".