NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hunter Valley Care v Lake Macquarie City Council [2007] NSWLEC 223
APPLICANT Hunter Valley Care Pty Limited PARTIES : RESPONDENT Lake Macquarie City Council
FILE NUMBER(S) : 10915 of 2005
CORAM: Brown C
KEY ISSUES: Development Application :- Consent Orders - aged persons housing development - precedent - traffic - bushfire
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 5
DATES OF HEARING: 16/02/07
DATE OF JUDGMENT: 23 April 2007
APPLICANT Mr T Howard, barrister SOLICITORS Cleaves Mallik Gibbs LEGAL REPRESENTATIVES: RESPONDENT Mr G Long, solicitor SOLICITORS Lake Macquarie City Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
23 April 2007
10915 of 2005 Hunter Valley Care Pty Limited v Lake Macquarie City Council
JUDGMENT 1 This matter comes before the Court following the decision of Lake Macquarie City Council (the council) to enter into Consent Orders for DA/4390/2000 that provides for an aged persons housing development at lot 21 and 22 in DP883119 and lot 1 in DP855220 off Tinglewood Close, Tingira Heights.
2 The development application was lodged on 26 May 2000 and was refused by the council on 12 August 2004. Over this time and during the time prior to the appeal, the application has been amended on a number of occasions. The current proposal provides for 3 x 3 bedroom units and a community facility located in two separate buildings.
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