Scorpian Securities P/L v Hastings Council [2005] NSWLEC 608

Land and Environment Court of New South Wales

CITATION : Scorpian Securities P/L v Hastings Council [2005] NSWLEC 608

APPLICANT Scorpian Securities Pty Limited

PARTIES : RESPONDENT Hastings Council

FILE NUMBER(S) : 10593 of 2005

CORAM: Hoffman C

Appeal :- s 96 to amend consent - does it remain substantially the same - implications of a new development control plan - amenity impacts. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hastings Development Control Plan

DATES OF HEARING: 18/10/05 EX TEMPORE JUDGMENT DATE : 10/18/2005

APPLICANT Mr K. Webber, solicitor of Wilshire Webb

LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Miles, solicitor of Donovan Oates Hannaford

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Hoffman

18 October 2005

10593 of 2005 Scorpion Securities Pty Limited v Hastings Shire Council

JUDGMENT 1 This is appeal 10593 of 2005 between Scorpion Securities Pty Limited and Hastings Shire Council in regard to the refusal of a s 96 application to amend consent 2003/0834 issued by the council for an apartment building at No. 18-20 Mort Street. The site is on top of the hill overlooking the Westport Shopping Centre and the river to the north. The consent was granted by council on 23 September 2004 and approved under Development Control Plan 9, a control that has since been replaced by Development Control Plan 49.