NSW Caselaw
Land and Environment Court of New South Wales
CITATION : B & N Elomar Engineering Pty Ltd v Camden Council [2005] NSWLEC 537
APPLICANT B & N Elomar Engineering Pty Ltd
PARTIES : RESPONDENT Camden Council
FILE NUMBER(S) : 10255 of 2005
CORAM: Nott C
Development Application :- Construction of a large industrial building - overshadowing of chicken sheds - drainage and noise. KEY ISSUES:
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97
DATES OF HEARING: 25/07/2005 and 26/09/2005 EX TEMPORE JUDGMENT DATE : 09/26/2005
APPLICANT Mr A. Seton, solicitor of Marsdens Law Group
LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Castellan, solicitor of Ritchie & Castellan
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Nott C
26 September 2005
10255 of 2005 B & N Elomar Engineering Pty Ltd v Camden Council [2005] NSWLEC 537
JUDGMENT
1 This is an appeal against the council's refusal of a development application to erect an industrial building at No. 546 Camden Valley Way, Smeaton Grange.
2 The application was originally set down for an on-site hearing, by which time the council had agreed that it would enter into consent orders, subject to the Court hearing from the adjoining neighbour who runs a chicken business with two sheds located close to the proposed industrial building.
3 At the on-site hearing, I heard evidence from that owner Mr Victor Vella and from a Doctor of Veterinary Science, Dr J Sillince.
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