CBD Prestige Holdings P/L v Lake Macquarie CC [2005] NSWLEC 572

Land and Environment Court of New South Wales

CITATION : CBD Prestige Holdings P/L v Lake Macquarie CC [2005] NSWLEC 572

APPLICANT CBD Prestige Holdings Pty Limited

PARTIES : RESPONDENT Lake Macquarie City Council

FILE NUMBER(S) : 11110 of 2004 and 11067 of 2004

CORAM: Bly C

KEY ISSUES: Costs - Development Application :- residential subdivisions and housing

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Land and Environment Court Practice Direction 1993

Aldi Foods Pty Ltd v Holroyd CC [2005] NSWLEC 338; CASES CITED: Kennedy & Anor v Woollahra MC [2005] NSWLEC 226

DATES OF HEARING: 29/08/2005

DATE OF JUDGMENT: 10/13/2005

APPLICANT Mr J. E. Robson, SC Instructed by: Mr I. Mitchell of Webster O'Halloran & Associates

LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Newport, barrister Instructed by Mr G. Long of Lake Macquarie City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 October 2005

11067 of 2004 and CBD Prestige Holdings Pty Limited v 11110 of 2004 Lake Macquarie City Council

JUDGMENT

Introduction 1 On 12 July 2005 the Court handed down its judgement in these matters, dismissing two Class 1 appeals, the first involving a 58 lot residential subdivision and the second involving an 8 dwelling small lot housing development with associated subdivision at Morisset.