NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Center Developments Pty Ltd v Wyong Shire Council [2009] NSWLEC 1356
APPLICANT Center Developments Pty Ltd PARTIES : RESPONDENT Wyong Shire Council
FILE NUMBER(S) : 10400 of 2009
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of all existing structures and the construction of a residential flat building containing 12 units - public access along the foreshore - scale, form and massing - design features - streetscape - setbacks - parking - noise
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wyong Local Environmental Plan 1991 State Environmental Planning Policy No 71 The Entrance Peninsula Planning Strategy
CASES CITED: Terrace Tower Holdings Pty Limited V Sutherland Shire Council [2003] NSWCA
DATES OF HEARING: 23, 24 September 2009
DATE OF JUDGMENT: 27 October 2009
APPLICANT Mr G Miller QC SOLICITORS Puleo & Partners LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, solicitor SOLICITORS HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
27 October 2009
10400 of 2009 Center Developments Pty Ltd v Wyong Shire Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application No DA/484/2008 by Wyong Shire Council (the council) for the demolition of all existing structures and the construction of a residential flat building containing 12 units at 2 – 4 Brogden Road and 6 Hargraves Street, Entrance North (the site).
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