NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Presrod Pty Limited v Wollongong City Council [2010] NSWLEC 1257
APPLICANT Presrod Pty Limited PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 10124 of 2010
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- use of an existing serviced apartment building for hotel accommodation - savings provision and weight to planning instrument in force prior to gazettal of new planning instrument - impacts of the right-of-carriageway shared by site and adjoining property - resident concerns over car parking - future use - noise - loss of trees
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wollongong Local Environmental Plan 2009 Wollongong Local Environmental Plan 2007
Future Space Pty Limited v Ku-ring-gai Council (2009) NSWLEC 15 CASES CITED: Ronaldo Plus 3 Pty Limited v Hurstville City Council (2005) NSWLEC 315 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289
DATES OF HEARING: 29 July 2010
EX TEMPORE JUDGMENT DATE : 30 July 2010
APPLICANT Mr I Hemmings, barrister SOLICITORS Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr M Mantei, solicitor SOLICITORS Kells The Lawyers
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