NSW Caselaw
Land and Environment Court of New South Wales
CITATION : GWH Buildings Pty Limited v Great Lakes City Council [2004] NSWLEC 557 APPLICANT: GWH Buildings Pty Limited PARTIES : ACN 076 858 985
RESPONDENT: Great Lakes City Council FILE NUMBER(S) : 10411 of 2004 CORAM: Lloyd J Development Application :- highway service centre - economic and social impacts - public interest
KEY ISSUES: Development application: - threatened species - species impact statement is required
Evidence:- expert evidence - court appointed experts - adoption of experts' reports
Environmental Planning and Assessment Act 1979 s 5A, s 97 and s 117 LEGISLATION CITED: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Threatened Species Conservation Act 1995 (NSW) Kentucky Fried Chicken Pty Ltd v Gantidis (1978) 140 CLR 675; CASES CITED: Fabcot Pty Ltd v Hawkesbury City Council (1997) 93 LGERA 373; Cartier Holdings Pty Ltd v Newcastle City Council (2001) 115 LGERA 407; Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2002) 122 LGERA 288 DATES OF HEARING: 09/08/2004; 09/08/2004 and 11/08/2004 EX TEMPORE 08/11/2004 JUDGMENT DATE :
APPLICANT: Mr J M Atkin (barrister) SOLICITORS: Harris Wheeler LEGAL REPRESENTATIVES: RESPONDENT: Mr T F Robertson SC and Ms J M Jagot (barrister) SOLICITORS: Peter Rees
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