NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Paul Lemottee Project Management Pty Ltd (No 2) v Port Stephens Council [2009] NSWLEC 1302
APPLICANT Paul Lemottee Project Management Pty Ltd PARTIES : RESPONDENT Port Stephens Council
FILE NUMBER(S) : 10300 of 2008
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Residential subdivsion, interim access road, drainage construction, orderly development
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Port Stephens Development Control Plan Hunter Region Environmental Plan Port Stephens Local Environmental Plan 2000
DATES OF HEARING: 1 September 2009
DATE OF JUDGMENT: 2 October 2009
APPLICANT Mr R Mallik (Solicitor) SOLICITOR Mallik Rees Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser (Barrister) SOLICITOR Harris Wheeler Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
2 October 2009
10300 of 2008 Paul Lemottee Project Management P/L v Port Stephens Council (No 2)
JUDGMENT Background. 1 These proceedings arise from my findings handed down on 5 June 2009. Those findings related to a proposed 6 lot subdivision at 103A Richardson Road, Raymond Terrace and concluded that the application should be refused on a number of grounds, being primarily the drainage and access arrangements.
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