Don Hodge Group Pty Ltd v Liverpool City Council [2004] NSWLEC 197

Land and Environment Court of New South Wales

CITATION : Don Hodge Group Pty Ltd v Liverpool City Council [2004] NSWLEC 197 APPLICANT Don Hodge Group Pty Ltd PARTIES : RESPONDENT Liverpool City Council . FILE NUMBER(S) : 11072 of 2003 CORAM: Moore C Development Application :- Antisocial behaviour KEY ISSUES: Noise Impact on neighbourhood . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 . CASES CITED: Stokeston Projects Pty Limited v Liverpool City Council [2003] NSWLEC 185 ; . DATES OF HEARING: 5 and 6 February 2004 EX TEMPORE 02/09/2004 JUDGMENT DATE :

APPLICANT Mr G Newport, barrister INSTRUCTED BY J P Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay INSTRUCTED BY Marsdens Law Group

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11072 of 2003

Moore C

9 February 2004

Don Hodge Group Pty Ltd Applicant

v

Liverpool City Council Respondent

Judgment

1. This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act, 1979 (the Act) against the refusal, on 18 August 2003, by Liverpool City Council (the council) of development application 570/03 for reasons set out in the notice of determination. The notice set out seven reasons for that refusal and they are largely reflected in the Amended Statement of Issues filed for the council on 25 November 2003.