NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Brinara Pty Ltd v Gosford City Council [2010] NSWLEC 25
APPLICANT PARTIES : Brinara Pty Ltd RESPONDENT Gosford City Council
FILE NUMBER(S) : 10873 of 2009
CORAM: Pain J
KEY ISSUES: QUESTION OF LAW :- whether proposed changes to development based on existing use rights is change of commercial use so that limitations in EP&A Regulation 2000 apply - scope of existing use rights as defined by the terms of development consent considered
Environmental Planning and Assessment Act 1979 s81A(1), s106, s107(2), s108 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 41(1)
ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498 CASES CITED: MM & SW Enterprises Pty Ltd v Strathfield Council [2010] NSWLEC 8 Reading Properties Pty Ltd v Auburn Council (2008) 158 LGERA 116 Rich v Lennox Palms Estate and Anor [2009] NSWLEC 167 Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23
DATES OF HEARING: 24 February 2010
DATE OF JUDGMENT: 25 February 2010
APPLICANT Mr A Hill (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Blake Dawson RESPONDENT Dr S Berveling SOLICITOR P J Donnellan & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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