Toth v Campbelltown City Council [2004] NSWLEC 289

Land and Environment Court of New South Wales

CITATION : Toth v Campbelltown City Council [2004] NSWLEC 289 APPLILCANT Tim Toth PARTIES : RESPONDENT Campbelltown City Council FILE NUMBER(S) : 10625 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Restricted premises - planning issues - social impact methodology LEGISLATION CITED: Environmental Planning and Assessment Act Complying LEP 2003 CASES CITED: DATES OF HEARING: 02/06/2004 DATE OF JUDGMENT: 06/09/2004

APPLICANT Mr P Glisson, barrister SOLICITORS Hancocks Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles, barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10625 of 2003 Hussey C 9 June 2004 Tim Toth Applicant

v Campbelltown City Council Respondent Judgment

Background

1 . An appeal against council's refusal of a development application for construction of first floor premises, for a restricted premises at 55 Queen Street, Campbelltown, was heard on 13, 14 October and 11, 14 November 2003. The judgment was delivered on 4 February 2004.

2 . Following the lodgement of a s 56A appeal against this decision, on 30 April 2004, the Chief Judge decided to remit the matter for determination in accordance with the law.

3 . The further hearing was undertaken on 2 June 2003. At this hearing it was acknowledged by the parties that the two main issues concern town planning considerations and social impact considerations. However at this hearing no further town planning evidence was submitted.