Randall Pty Ltd v Willoughby City Council [2004] NSWLEC 507

Land and Environment Court of New South Wales

CITATION : Randall Pty Ltd v Willoughby City Council [2004] NSWLEC 507 APPLICANT Randall Pty Ltd PARTIES : RESPONDENT Willoughby City Council FILE NUMBER(S) : 11226 of 2003; 10071 of 2004 CORAM: Bly C KEY ISSUES: Development Consent :- Amendment of existing consent - car parking station - question of fact and degree Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan No. 5 Land and Environment Court Act 1979 Penrith City Council v Waste Management Authority (1990) 71 LGERA 376; CASES CITED: Foodbarn Pty Ltd & Ors v Solicitor-General (1975) 32 LGRA 157; Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 DATES OF HEARING: 23/08/2004 DATE OF JUDGMENT: 09/09/2004

APPLICANT Mr D Hammerschlag, SC SOLICITORS Moloney Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr J Ayling, SC SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

9 September 2004

11226 of 2003 and 10071 of 2004 Randall Pty Ltd v Willoughby City Council

JUDGMENT 1 On 19 March 2004, pursuant to s 96(6) of the Environmental Planning and Assessment Act 1979, I determined the applicant's Class 1 Appeal No. 10071 of 2004 which, inter alia, involves an application to amend Condition 41 of Development Consent No. 1996/0643 ("the consent") which was described in that judgment as "the lease application".