NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Prouds Jewellers Pty Limited v Ashfield Municipal Council [2008] NSWLEC 1374
APPLICANT Prouds Jewellers Pty Limited PARTIES : RESPONDENT Ashfield Municipal Council
FILE NUMBER(S) : 10372 of 2008
CORAM: Murrell C
KEY ISSUES: Development Application :- Heritage, height, bulk and scale, amenity and FSR
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 1985
CASES CITED: Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 Wehbe v Pittwater Council [2007] NSWLEC 827
DATES OF HEARING: 24/07/08 and 28/07/08
EX TEMPORE JUDGMENT DATE : 28 July 2008
APPLICANT Mr A. Pickles, barrister Instructed by L. Finn of Home Wilkinson Lowry LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
28 July 2008
10372 of 2008 Prouds Jewellers Pty Limited v Ashfield Municipal Council This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against Ashfield Council's refusal of a development application for the property known as 12-28 Parramatta Road, Summer Hill. The applicant is seeking to establish a new headquarters consisting of commercial office space and warehousing for distribution of products to its retail stores.
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