NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Australian Roadbase Supplies Pty Ltd v Canterbury City Council [2005] NSWLEC 72
APPLICANT Australian Roadbase Supplies Pty Ltd
PARTIES : RESPONDENT Canterbury City Council
FILE NUMBER(S) : 10513 of 2004
CORAM: Murrell C
Development Consent :- Application for modification to materials recycling plant - substantially the same development - impact on surrounding area - residential amenity - noise controls - dust/air particles KEY ISSUES:
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Concrite Quarry Pty Ltd v Wingecarribee Shire Council [2000] NSWLEC 97
DATES OF HEARING: 29/09/2004, 12/10/2004, 20/10/2004, 03-04/11/2004, 24/11/2004
DATE OF JUDGMENT: 03/31/2005
APPLILCANT Mr P Tomasetti, barrister SOLICITORS Michell Sillar LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson, solicitor SOLICITORS Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
31 March 2005
10513 of 2004 Australian Roadbase Supplies Pty Limited v Canterbury City Council
JUDGMENT 1 This judgment is for an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 (The Act) against Canterbury City Council's refusal for an application to modify previous development consents for a landscape supplies and materials recycling operation granted in 1993 and 1997 respectively.
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