NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Homemaker Hub v Strathfield Council [2009] NSWLEC 1265
APPLICANT Homemaker Hub Pty Limited PARTIES : RESPONDENT Strathfield Council
FILE NUMBER(S) : 11199 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- change of use and alterations and additions to part of an existing building to allow for bulky goods retailing and associated car parking - appropriate planning provisions for assessment - permissability - appropriateness of location - car parking - impact on existing intersection - impact on existing commercial land uses
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Strathfield Planning Scheme Ordinance
Sutherland Shire Council v Telope Pty Limited 85 LGERA 103 Warehouse Group (Australia) Pty Ltd v Woolworths Limited (2003) 137 LGERA 115 CASES CITED: Arminella Pty Ltd v Ryde City Council [1999] NSWLEC 237 Hecar Investments No. 6 Pty Ltd v Lake Macquarie Municipal Council 53 LGRA 322 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Weal v Bathurst City Council (2000) 111 LGERA 181
DATES OF HEARING: 9, 10, 11, 12 June 2009
DATE OF JUDGMENT: 10 August 2009
APPLICANT Mr C McEwen SC with Mr M Staunton, barrister SOLICITORS Gilbert + Tobin LEGAL REPRESENTATIVES: RESPONDENT Mr T Hale SC SOLICITORS Houston Dearn O'Connor
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