Bonim Stanmore Pty Limited v Marrickville Council [2007] NSWLEC 497

Reported Decision : 156 LGERA 12

Land and Environment Court of New South Wales

CITATION : Bonim Stanmore Pty Limited v Marrickville Council [2007] NSWLEC 497

APPLICANT Bonim Stanmore Pty Limited PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11460 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- Remittal of Hearing, [2006] NSWLEC 771

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 10/07/2007

EX TEMPORE JUDGMENT DATE : 10 July 2007

APPLICANT Mr I Hemmings, barrister Instructed by Mr G. Farland of Landerer and Co. LEGAL REPRESENTATIVES:

RESPONDENT Mr Galasso, SC Instructed by Mr Christmas of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

10 July 2007

11460 of 2005 Bonim Stanmore Pty Limited v Marrickville Council

JUDGMENT

1 This is an appeal No. 11460 of 2005 between Bonim Stanmore Pty Limited with Cavendish Holt Pty Limited v Marrickville Council. The judgment (2006) NSWLEC 771 has been remitted following a s 56A review by his Honour Justice Biscoe in judgment (2007) NSWLEC 286. In that decision his Honour found of the six grounds raised only one error of law had occurred. It related to para 62 of the original judgment which stated, "In coming to a conclusion on this matter I bear in mind that the proposal is far in excess of that size and creates a new traffic generator on a main road that carries about 24,000 vehicles per day. Unlike the club, the supermarket would generate traffic in peak periods, not out of peak. It would cause through additional turning movements a reduction in the efficiency of the main road that in the future must carry ever more traffic."