NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mirvac Homes (NSW) Pty Ltd v Blacktown City Council [2005] NSWLEC 263
Mirvac Homes (NSW) Pty Limited PARTIES : Blacktown City Council
FILE NUMBER(S) : 10099 of 2005
CORAM: Cowdroy J
KEY ISSUES: Development Application :- non-compliance with development control plan - parking - solar access - private open space - density - setbacks - justification for non-compliance
Blacktown Local Environmental Plan 1988 cl 9(3) LEGISLATION CITED: Blacktown Development Control Plan 1992
Parsonage v Ku-ring-gai Council [2004] NSWLEC 347; CASES CITED: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; Zhang v Canterbury City Council (2001) 115 LGERA 373
DATES OF HEARING: 12/05/2005
DATE OF JUDGMENT: 05/23/2005
APPLICANT M Craig QC with E Ozen SOLICITOR Coudert Brothers LEGAL REPRESENTATIVES: RESPONDENT C Drury (solicitor) SOLICITOR Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Cowdroy J
23 May 2005
10099 of 2005 Mirvac Homes (NSW) Pty Limited v Blacktown City Council
JUDGMENT 1 His Honour: This is an appeal against the refusal by Blacktown City Council (the council) of DA 04-2345/2 for the staged construction of an integrated housing and medium density residential development ("the proposal") at 438-450 Sunnyholt Road, Acacia Gardens ("the site").
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