NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ace Gutters Pty Limited v Hurstville City Council [2008] NSWLEC 1204
APPLICANT Ace Gutters Pty Limited PARTIES : RESPONDENT Hurstville City Council
FILE NUMBER(S) : 10026 of 2008
CORAM: Bly C
KEY ISSUES: Appeal :- Practice and Procedure, application for joinder in industrial development appeal.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
CASES CITED: Morrison Design Partnership Pty Limited v North Sydney Council and Director General of the Department of Planning [2007] NSWLEC 802
DATES OF HEARING: 22/05/2008
DATE OF JUDGMENT: 29 May 2008
APPLICANT Mr J. Robson S.C. Instructed by Herbert Greer and Rundle
LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor of Deacons
APPLICANT for Notice of Motion Mr R Lancaster, barrister Instructed by Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
29 May 2008
10026 of 2008 Act Gutters Pty Limited v Hurstville City Council
JUDGMENT Introduction 1 These proceedings relate to a development application for a wet paint line as part of the existing industrial use at 69 Boundary Road, Peakhurst. The paint line has been installed within an existing building and comprises a large item of machinery, involving a two-stage continuous process line where large coils of steel are cleaned, primed, painted, passed through an oven, dried and cooled and recoiled. It is not presently being used.
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