Lavison Pty Limited v Canterbury City Council [2006] NSWLEC 672

Land and Environment Court of New South Wales

CITATION : Lavison Pty Limited v Canterbury City Council [2006] NSWLEC 672

APPLICANT Lavison Pty Limited PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 10516 of 2006

CORAM: Moore C

Development Application :- KEY ISSUES: Mixed use development Conversion of part to additional residential use

LEGISLATION CITED: Development Control Plan 15 Business and Retail Development

CASES CITED: Goldin v Minister for Transport 121 LGERA 101; Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 10 October 2006

EX TEMPORE JUDGMENT DATE : 10/10/2006

APPLICANT Mr A Perkins, solicitor Colin Biggers & Paisley LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

10 October 2006

06/10516 Lavison Pty Limited v Canterbury City Council

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ JUDGMENT 1. COMMISSIONER: This is an appeal pursuant to s 97 of Environmental Planning and Assessment Act 1979 against the deemed refusal by Canterbury City Council (the council) of Development Application 179/2006, to change the uses of Units 11 and 12 in an existing mixed-use development located on the corner of Floss Street and Canterbury Road at Hurlstone Park (the site).