NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mitchell v Newcastle City Council [2008] NSWLEC 1140
APPLICANT John David Mitchell PARTIES : RESPONDENT Newcastle City Council
FILE NUMBER(S) : 10148 of 2008
CORAM: Hoffman C
KEY ISSUES: Appeal :- reconfiguration of an existing vehicle dismantling, storage and sales yard, heavy truck access off main road, traffic safety, adequacy of carriageways and road design.
Land and Environment Court Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Newcastle Local Environmental Plan 2003
DATES OF HEARING: 14/04/2008
DATE OF JUDGMENT: 24 April 2008
APPLICANT Mr G. Williams, solicitor of Thompson Norrie Solicitors
LEGAL REPRESENTATIVES: RESPONDENT Mr T. Robertson, barrister instructed by Ms D. Grant of Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
24 April 2008
10148 of 2008 Mitchell, John David v Newcastle City Council
JUDGMENT 1 This is a Class 1 Appeal No. 10148 of 2008 between Mitchell and Newcastle council in regard to the deemed refusal of the reconfiguration of an existing vehicle dismantling, storage and sales yard known as Beresfield Spares. The site is about 3.6 ha in area and is on 5 allotments on the corner of New England Highway and Weakley's Drive at Beresfield, a town midway between Newcastle and Maitland in the Hunter Valley. The use has been on-site for many years.
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