Pompar Pty Limited v Lake Macquarie City Council [2005] NSWLEC 77

Land and Environment Court of New South Wales

CITATION : Pompar Pty Limited v Lake Macquarie City Council [2005] NSWLEC 77

APPLICANT Pompar Pty Limited

PARTIES : RESPONDENT Lake Macquarie City Council

FILE NUMBER(S) : 11273 of 2004

CORAM: Hussey C

Appeal :- s 96 modification which relates to traffic movement within a carpark. KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 21/02/2005 EX TEMPORE JUDGMENT DATE : 02/21/2005

APPLICANT Mr P. Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr Long, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 February 2005

11273 of 2004 Pompar Pty Limited v Lake Macquarie City Council

JUDGMENT 1 This appeal is against council's deemed refusal of s 96 modification which relates mainly to traffic movement conditions that were imposed on the development consent for the redevelopment commercial premises, being the former Telstra Line Depot, in the Toronto shopping centre.

2 The site has a 5m wide access to Cary Street and also has a connection to the internal service road to the council carpark.

3 This morning the parties agreed that this matter be determined by way of a an On-Site Hearing and considering the extent of the s 96 modification, I am satisfied that it relates to the same development, as approved. Also there has been the opportunity for the various objectors to express their concerns to enable me to determine the merits of the application.