Bruce Kerr Pty Ltd v Gosford CC [2006] NSWLEC 32

Land and Environment Court of New South Wales

CITATION : Bruce Kerr Pty Ltd v Gosford CC [2006] NSWLEC 32

APPLICANT Bruce Kerr Pty Limited PARTIES : RESPONDENT Gosford City Council

FILE NUMBER(S) : 11570 of 2004 and 10109 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- Changes to a development/subdivision which was approved in 1984 - construction or payment for a pedestrian and cyclist bridge.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 19/09/2005, 07/10/2005 and 24/01/2006

EX TEMPORE JUDGMENT DATE : 01/26/2006

APPLICANT Mr P. Rigg, solicitor of Deacons

LEGAL REPRESENTATIVES: RESPONDENT Mr M. Fraser, barrister Instructed by: Mr R. Byrd, solicitor of P J Donnellan & Co.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 January 2006

11570 of 2004 and Bruce Kerr Pty Limited v 10909 of 2005 Gosford City Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.

1 In this matter two appeals were lodged in connection with a large, 7 stage 255 lot subdivision that was originally approved in 1984 of a property at Cowper and Neera Roads, Umina Beach. The full details of the property, the proposal and the planning framework are contained in the statement of basic facts on which I rely.