Ballina Central Properties Pty Ltd v Ballina Shire Council [2006] NSWLEC 480

Land and Environment Court of New South Wales

CITATION : Ballina Central Properties Pty Ltd v Ballina Shire Council [2006] NSWLEC 480

APPLICANT Ballina Central Properties Pty Ltd PARTIES : RESPONDENT Ballina Shire Council

FILE NUMBER(S) : 10966 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of a retail shopping complex, amount of section 94 road contributions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ballina Local Environmental Plan 1987

DATES OF HEARING: 03/08/2006

DATE OF JUDGMENT: 08/03/2006

APPLICANT Mr M Young, solicitor SOLICITORS Bourke Love Mccartney Young

LEGAL REPRESENTATIVES:

RESPONDENT Ms F Rourke, solicitor SOLICITORS Allens Arthur Robinson

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

3 August 2006

10966 of 2005 Ballina Central Properties Pty Ltd v Ballina Shire Council

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

1 I understand from the Statement of Basic Facts that the proposal involves the development for the construction of a retail shopping complex incorporating two major retail stores, speciality shops, advertising structures, 615 on-site car parking spaces, earthworks, landscaping works, with vehicular access to Kerr Street and Bangalow Road, Ballina. Also that the development consent was granted for the proposal by the council on 26 August 2004 subject to conditions.