NSW Caselaw
Set aside by Appeal :
Land and Environment Court of New South Wales
CITATION : Tuite v Wingecarribee Shire Council [2008] NSWLEC 1315 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Larry Tuite PARTIES : RESPONDENT Wingecarribee Shire Council
FILE NUMBER(S) : 11272 of 2007
CORAM: Moore C
Development Application - Ecologically Sustainable Development - Trees :- KEY ISSUES: Bottled water facility Road safety
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 1989
Seaside Property Developments Pty Ltd v Wyong Shire Council (2004) 136 LGERA 111, [2004] NSWLEC 117 Telstra Corporation Limited v Hornsby Shire Council (2006) (2006) 67 NSWLR 256; (2006) 146 LGERA 10; [2006] NSWLEC 133 CASES CITED: Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12 Zhang v Canterbury City Council (2001) 115 LGERA 373 BGP Properties v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 13 and 14 March, 23 April, 20 and 21 May 2008
DATE OF JUDGMENT: 1 August 2008
APPLICANT Mr P Tomasetti SC INSTRUCTED BY Slade Manwaring LEGAL REPRESENTATIVES: RESPONDENT Mr C McEwen SC Mr M Staunton, barrister INSTRUCTED BY B Bilinsky & Co
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