NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Zenere v Canterbury City Council [2005] NSWLEC 260
APPLICANT Albert Zenere Architect
PARTIES : RESPONDENT Canterbury City Council
FILE NUMBER(S) : 10836 of 2004
CORAM: Nott C
KEY ISSUES: Development Application :- Proposed eight-level building for commercial use and for 27 residential units - General Business 3(a1) zone - question of law - whether the residential component is permissible with consent or prohibited - held to be permissible
Land and Environment Court Act 1979, s 36(1) LEGISLATION CITED: Canterbury Planning Scheme Ordinance
CB Investments Pty Ltd v Colo Shire Council (1980) 41 LGERA 270; Westpoint Corp Pty Ltd v Rockdale City Council (2000) 109 LGERA 398; CASES CITED: Egan v Hawkesbury City Council (1993) 79 LGERA 321; Friends of Pryor Park v Ryde Council No. 40100 of 1995 Bignold J (unreported) 25/9/95
DATES OF HEARING: 04/03/2005 and susequent written submissions (applicant's reply - 23 May 2005)
DATE OF JUDGMENT: 07/08/2005
APPLICANT Mr P J McEwen SC SOLICITORS Lapaine Pomare Foster
LEGAL REPRESENTATIVES: RESPONDENT Mr A M Pickles, barrister SOLICITORS Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Nott C
8 July 2005
10836 of 2004
Albert Zenere Architect v Canterbury City Council [2005] NSWLEC 260
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