NSW Caselaw
Set aside by Appeal : [2010] NSWCA 35
Land and Environment Court of New South Wales
CITATION : Kayora Pty Ltd v Leichhardt Council [2009] NSWLEC 126
FIRST APPLICANT: Kayora Pty Limited
PARTIES : SECOND APPLICANT: North Annandale Hotel Pty Limited
RESPONDENT: Leichhardt Council
FILE NUMBER(S) : 41290 of 2008
CORAM: Biscoe J
KEY ISSUES: DEVELOPMENT CONSENT :- construction - whether permitted use of rear yard of hotel as a beer garden
LEGISLATION CITED: County of Cumberland Planning Scheme Ordinance, cll 3, 34(1) Environmental Planning and Assessment Act 1979, s 109B
House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44, (2000) 48 NSWLR 498 CASES CITED: Reading Properties Pty Ltd v Auburn Council [2007] NSWLEC 186, (2007) 158 LGERA 116 Steedman v Baulkham Hills Shire Council (1991) 87 LGERA 26 Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23, (2009) 165 LGERA 184
DATES OF HEARING: 27 July 2009
DATE OF JUDGMENT: 10 August 2009
APPLICANTS: Mr P. Clay SOLICITORS Back Schwartz Vaughan LEGAL REPRESENTATIVES: RESPONDENT: Ms S. Duggan SOLICITORS Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
10 August 2009
41290 of 2008
KAYORA PTY LIMITED v LEICHHARDT COUNCIL
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