NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bruce Kerr Pty Ltd v Gosford Council [2009] NSWLEC 1183
APPLICANT Bruce Kerr Pty Ltd PARTIES : RESPONDENT Gosford Council
FILE NUMBER(S) : 11126 of 2008
CORAM: Hoffman AC
KEY ISSUES: SECTION 96 MODIFICATION :- Residential Flat Building, location of garbage pickup point proposed, amenity impacts of pickup point on streetscape and neighbours, unsuitability of main road pickup point, suitability of rear laneway for use by garbage trucks, ability for cars to enter and exit site off the rear lane way, location of clothes drying areas, dilapidation report requirements, amendments under s97B.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Gosford Planning Scheme Ordinance
CASES CITED: Cachia v Manly Council (No 2) (2009) NSWLEC 1107 Coshott v Woollahra (1996) NSWLEC 256
DATES OF HEARING: 27, 28 and 29 April 2009
EX TEMPORE JUDGMENT DATE : 29 April 2009
APPLICANT Mr P. Rigg (Solicitor) SOLICITOR Deacons Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms P. Wright (Solicitor) SOLICITOR PJ Donnellan & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman AC
29 April 2009
11126 of 2008 Bruce Kerr Pty Ltd v Gosford Council This decision was given extemporaneously. It has been revised and edited prior to publication.
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