NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tim Shellshear & Associates Architects Pty Ltd v Wollongong City Council [2007] NSWLEC 140
APPLICANT Tim Shellshear & Associates Architects Pty Ltd PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 11035 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Boom gate to private medical centre, car park, management/charge
LEGISLATION CITED: Environmental Planning and Assessment Act
DATES OF HEARING: 15/03/2007
EX TEMPORE JUDGMENT DATE : 15 March 2007
APPLICANT Ms M Bailey, solicitor Massey Bailey
LEGAL REPRESENTATIVES: RESPONDENT Mr M Mantei, solicitor SOLICITORS Kells The Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
15 March 2007
11035 of 2006 Tim Shellshear & Associates Architects Pty Ltd v Wollongong City Council
This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT
Background
1 This appeal was lodged against council's refusal of a development application proposing the erection of traffic control gates to the entrance of an existing car park at a medical centre in the Dapto town centre. The proposal included a charge for use of this car park.
2. This 75 space car park was constructed in accordance with the conditions of consent for the approval of the large, comprehensive medical centre (Development Consent No. D 1790/01). Condition 38 relevantly required:
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