NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Motorplex v Port Stephens Council and anor [No 3] [2008] NSWLEC 1280
APPLICANT Motorplex Australia Pty Limited
PARTIES : FIRST RESPONDENT Port Stephens Council
SECOND RESPONDENT Roads and Traffic Authority of New South Wales
FILE NUMBER(S) : 11328 of 2004
CORAM: Brown C
KEY ISSUES: Development Application :- inconsistency with the zone objectives, unacceptable impact on flora and fauna, unacceptable noise impacts, traffic and safety impacts, inadequacy of details to properly consider erosion, sediment and surface water impacts.
Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: Port Stephens Local Environmental Plan 2000 Threatened Species Conservation Act 1995 State Environmental Policy No 44
Motorplex (Australia) Pty Limited v Port Stephens Council [2007] NSWLEC 74 Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd [2008] NSWLEC 173 CASES CITED: Mison and ors v Randwick Municipal Council and ors [1991] 191 NSWLR 734 Weal v Bathurst City Council and or [2000] NSWCA 88 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 12-16/05/08
DATE OF JUDGMENT: 11 July 2008
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