NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Brian Leslie Mitsch trading as Brian Mitsch & Associates v Berrigan Shire Council [2006] NSWLEC 772
APPLICANT Brian Leslie Mitsch t/a Brian Mitsch & Associates PARTIES : RESPONDENT Berrigan Shire Council
FILE NUMBER(S) : 10824 of 2006
CORAM: Hoffman C
KEY ISSUES: Development Consent :- Aerodrome Obstacle Limitation Plan, permissible uses on residential lot in subdivision
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Berrigan Local Environmental Plan
DATES OF HEARING: 21/11/06
EX TEMPORE JUDGMENT DATE : 11/21/2006
APPLICANT Mr D Grant, solicitor SOLICITORS Francis Kelly & Grant LEGAL REPRESENTATIVES: RESPONDENT Mr G McCarthy, solicitor SOLICITORS Gerard K McCarthy
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
21 November 2006
10824 of 2006 Brian Leslie Mitsch trading as Brian Mitsch & Associates v Berrigan Shire Council
JUDGMENT
1 This was appeal No. 10824 of 2006 between Brian Mitsch & Associates and Berrigan Shire Council in regard to Condition 10 of Development Consent 62/05/DA/D9 issued on 24 October 2005.
2 The original approval for the subdivision was on 4 October 2005, and gave consent to a 21 lot subdivision at Lot 8 DP 270 154 Marion Drive, Tocumwal. Comprising the subdivision was a number of allotments of around 5 ha in area, and one residual lot, being Lot 221, of about 24.7 ha.
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