Australand Industrial No 18 Pty Ltd v Auburn Council [2004] NSWLEC 105

Land and Environment Court of New South Wales

CITATION : Australand Industrial No 18 Pty Ltd v Auburn Council [2004] NSWLEC 105 APPLICANT: Australand Industrial No 18 Pty Ltd PARTIES : RESPONDENT: Auburn Council FILE NUMBER(S) : 10147 of 2003 CORAM: Bignold J KEY ISSUES: Development Application :- Stage 1 (Masterplan) application for residential and educational development-whether adequate information provided for stage 1 application-whether heritage precinct suitable for educational use-whether sufficient buildings retained-whether adequate open space provided LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Auburn Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 19-22/08/2003, 25-29/08/2003, 19/09/2003, 30/10/2003, 05/11/2003. DATE OF JUDGMENT: 03/19/2004

APPLICANT: Mr B Preston SC and Ms J Jagot, Barrister SOLICITORS Mallesons Stephen Jacques

LEGAL REPRESENTATIVES: RESPONDENT: Mr T Robertson SC SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. . 10147 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 19 March 2004

AUSTRALAND INDUSTRIAL NO. 18 PTY LTD

Applicant

v

AUBURN COUNCIL

Respondent

JUDGMENT

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (EP&A Act), against the Council's deemed refusal of a development application for Stage 1 of the planned staged re-development of the site of the former Lidcombe Public Hospital fronting Joseph Street, Lidcombe and comprising an area of 44 hectares (the development site).