Meridian Freight v Botany Bay City Council [2007] NSWLEC 318

Land and Environment Court of New South Wales

CITATION : Meridian Freight v Botany Bay City Council [2007] NSWLEC 318

APPLICANT Meridian Freight PARTIES : RESPONDENT Botany Bay City Council

FILE NUMBER(S) : 10030 of 2007

CORAM: Moore C

KEY ISSUES: Development Application - Development Control Plan :-

LEGISLATION CITED: Development Control Plan 33

Zhang v Canterbury City Council (2001) 115 LGERA 373; CASES CITED: Stockland Development Pty Limited v Manly Council [2004] NSWLEC 472; Goldin and Anor v The Minister for Transport; Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101

DATES OF HEARING: 22 May 2007

EX TEMPORE JUDGMENT DATE : 22 May 2007

APPLICANT Mr V Conomos, solicitor Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr T Hale SC INSTRUCTED BY Houston Dearns O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

22 May 2007

07/10030 Meridian Freight v Botany Bay City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: This is an appeal against the deemed refusal of an application pursuant to s 82A of the Environmental Planning and Assessment Act 1979 concerning Development Application 06/188. The application sought consent for the construction of a two storey industrial building in Bay Street, Botany (the site).