Harris Farm Markets Cammeray Pty Ltd v North Sydney Council [2008] NSWLEC 1413

Land and Environment Court of New South Wales

CITATION : Harris Farm Markets Cammeray Pty Ltd v North Sydney Council [2008] NSWLEC 1413

APPLICANT Harris Farm Markets Cammeray Pty Ltd PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10699 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application :- use Unit CG-01 as a fruit and veg shop in a mixed use retail/commercial/residential development, parking, traffic, compliance with zone and control plan objectives, economic impact on existing neighbourhood centre.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

Bluestone Property v North Sydney Council [2008] NSWLEC 449 CASES CITED: Cartier v Newcastle (2001) NSWLEC 170 Fabcot v Hawkesbury City Council (1997) 93 LGERA 373

DATES OF HEARING: 22/09/2008

DATE OF JUDGMENT: 21 October 2008

APPLICANT Mr P. Rigg, solicitor of Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr I. Hemmings, barrister Instructed by DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 October 2008

10699 of 2008 Harris Farm Markets Cammeray Pty Ltd v North Sydney Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No.10699 of 2008 between Harris Farm and North Sydney Council in regard to the refusal of development application DA 179/08 to use Unit CG-01 as a fruit and veg shop in a mixed use retail/commercial/residential development (The complex) at Nos. 450 – 476 Miller St, Cammeray. The site and surroundings 2 The complex is still under construction but nearing completion. It is on the corner of Miller St and Amherst St just on the north side of an overbridge across the Warringah Expressway.