NSW Caselaw
Reported Decision : (2008) 166 LGERA 342
Land and Environment Court of New South Wales
CITATION : Scrap Realty Pty Limited v Botany Bay City Council [2008] NSWLEC 333
APPLICANT Scrap Realty Pty Limited PARTIES : RESPONDENT Botany Bay City Council
FILE NUMBER(S) : 10487 of 2008
CORAM: Preston CJ
KEY ISSUES: Appeal - Section 96 Modification :- storage of scrap - extension of area for storage onto adjacent land not part of original consent - whether modification - whether substantially the same development - additional conditions proferred by applicant to address impacts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C, s 96
CASES CITED: North Sydney Council v Michael Standley & Associates Pty Limited (1998) 43 NSWLR 468 Sydney City Council v Ilenace Pty Limited [1984] 3 NSWLR 414
DATES OF HEARING: 17, 18, 19 December 2008
EX TEMPORE JUDGMENT DATE : 19 December 2008
APPLICANT Ms S Duggan (barrister) SOLICITORS Henry Davis York LEGAL REPRESENTATIVES: RESPONDENT Mr T Hale SC SOLICITORS Houston Dearn O'Connor
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PRESTON CJ
FRIDAY 19 DECEMBER 2008
10487 OF 2008
SCRAP REALTY PTY LIMITED v BOTANY BAY CITY COUNCIL
JUDGMENT
1. HIS HONOUR: This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 against the refusal by Botany Bay City Council of an application under s 96(2) to modify a development consent to expand the area of land used for the development approved by the consent.
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