NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Swansea RSL Club & Rosecorp Pty Limited v Council of the City of Lake Macquarie [2005] NSWLEC 755
APPLICANTS Swansea RSL Club Rosecorp Pty Limited PARTIES : RESPONDENT Council of the City of Lake Macquarie
FILE NUMBER(S) : 10196 of 2005
CORAM: Talbot J
Development Application :- whether existing use rights defeated by terms of LEP relating to mining and dual occupancy - application of heritage provisions of LEP - whether permitted club use can include residential flat buildings as ancillary. KEY ISSUES: Existing Use:- whether existing use defeated by terms of LEP relating to mining and dual occupancy.
Environmental Planning and Assessment Act 1979 Interpretation Act 1987 LEGISLATION CITED: Liquor Act 1982 Registered Clubs Act 1976
Baker Kavanagh Architects Pty Ltd v Waverly Council [2004] NSWLEC 662; Foodbarn Pty Limited v Solicitor General (1975) 32 LGERA 157; CASES CITED: Kembla Coal and Coke Pty Limited v Wollondilly Council (1994) 84 LGERA 263; Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; Woollahra Municipal Council v Minister for the Environment (1991) 23 NSWLR 701
DATES OF HEARING: 18/11/2005, 9/12/2005
DATE OF JUDGMENT: 01/31/2006
APPLICANT Mr M Craig QC with Ms S A Duggan (Bar) and Mr M Seymour (Bar) SOLICITORS Deacons LEGAL REPRESENTATIVES:
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