NSW Caselaw
Land and Environment Court of New South Wales
CITATION : ATB Engineers Pty Ltd v Wollongong City Council [2008] NSWLEC 1471
APPLICANT ATB Engineers Pty Ltd PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 10662 of 2008
CORAM: Bly C
KEY ISSUES: Development Application :- bulky goods store, loss of industrial land.
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Infrastructure) 2007 LEGISLATION CITED: Illawarra Regional Environmental Plan No. 1 Wollongong Local Environmental Plan 2009 Wollongong City Centre Local Environmental Plan 2007 Wollongong Development Control Plan No. 6 - Commercial and Industrial Development
DATES OF HEARING: 22/10/2008 and 23/10/2008
DATE OF JUDGMENT: 21 November 2008
APPLICANT Mr I. Hemmings, barrister Instructed by Russell McLelland Brown Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr M. Seymour, barrister Instructed by Kells the Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
21 November 2008
10662 of 2008 ATB Engineers Pty Ltd v Wollongong City Council JUDGMENT Introduction 1 This appeal under s 97 of the Environmental Planning and Assessment Act 1979 relates to a development application for the modification and use of an existing older style industrial/warehouse building for the purposes of a bulky goods sales room at 1 Bridge Street, Coniston about 2 kilometres south of the Wollongong CBD. The products to be sold in the proposed sales room comprise various goods for babies, ranging from cots and prams to toys and clothes.
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