NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Waite v Blacktown City Council [2009] NSWLEC 1380
APPLICANT David Peter Waite PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10524 of 2009
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- Cafe associated with approved tourist facility, permissibility.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988
DATES OF HEARING: 26/10/2009 and 18/11/2009
DATE OF JUDGMENT: 19 November 2009
APPLICANT Mr D Williams Solicitor SOLICITOR Whitehead Cooper Williams LEGAL REPRESENTATIVES: RESPONDENT Mr T O'Connor Solicitor SOLICITOR Houston Dearn O'Connor
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
19 November 2009
10524 of 2009 David Peter Waite v Blacktown City Council
JUDGMENT Introduction 1 This appeal relates to a development application for a 60-seat cafe as an ancillary land use to the proposed/approved tourist facility at 879 Richmond Rd Marsden Park.
2 The site has an area of 2.875 ha and is presently utilised for: o A detached dwelling house. o A mixed commercial activity providing rural and pet supplies and fruit and vegetables.
3 The site is also developed with a number of commercial/industrial type buildings and these buildings and the site generally are used to store industrial machinery and other equipment associated with the commercial activity and the proposed tourist facility.
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