NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Merimbula Nominees Pty Ltd v Bega Valley Shire Council [2007] NSWLEC 107
APPLICANT Merimbula Nominees Pty Ltd PARTIES :
RESPONDENT Bega Valley Shire Council
FILE NUMBER(S) : 10394 of 2006
CORAM: Hoffman C
KEY ISSUES: Appeal :- Supermarket, traffic impact, existing traffic congestion, commercial centres strategy, regional plan, character of tourist town, public consultation in future planning and conflicts with proposal, adopted development control plans, draft local environmental plans
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 11 - Traffic Generating Developments Lower South Coast Regional Environmental Plan No. 1 LEGISLATION CITED: Lower South Coast Regional Environmental Plan No. 2 Bega Valley Local Environmental Plan 2002 Development Control Plan No. 7 - Car Parking Development Control Plan No. 30 - Merimbula Height Controls Development Control Plan No. 38 - Merimbula Commercial Centre
CASES CITED: Stockland Pty Ltd v Manly Council [2004] NSWLEC 472
DATES OF HEARING: 02-03/11/2006 and 26-27/02/2007
DATE OF JUDGMENT: 13 March 2007
APPLICANT Mr P Larkin, SC Instructed by: Ms R Spiegel, solicitor Of: Spiegel & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr P McEwen, SC Instructed by: Mr M McMahon, solicitor Of: M E McMahon & Associates
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