NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stanwill Consulting Engineers Pty Ltd v Lake Macquarie City Council [2005] NSWLEC 309
APPLICANT Stanwill Consulting Engineers Pty Ltd
PARTIES : RESPONDENT Lake Macquarie City Council
FILE NUMBER(S) : 10931 of 2004
CORAM: Hussey C
KEY ISSUES: Development Application :- Land filling - wetland - impact on threatened species - Wallum froglet
Threatened Species Conservation Act 1995 LEGISLATION CITED: Lake Macquarie Local Environmental Plan 2004
DATES OF HEARING: 22-23/02/05 and 17/05/05
DATE OF JUDGMENT: 06/10/2005
APPLICANT Mr J Thompson, barrister SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, barrister SOLICITORS Peter Rees
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
10 June 2005
10931 of 2004 Stanwill Consulting Engineering Pty Ltd v Lake Macquarie City Council
JUDGMENT
Background 1 This appeal is against council's refusal of a development application for the provision of drainage works and filling of a depression on vacant lot situated at 119 Bullsgarden Road, Whitebridge. The property is described as Lot 2052, DP 23719.
2 The site has frontages to Bullsgarden Road, Justine Avenue and Lena Place. To the north and east of the site is residential development and to the south are light industrial developments.
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