NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fulford Properties Pty Limited v Albury City Council [2007] NSWLEC 579
APPLICANT Fulford Properties Pty Limited PARTIES : RESPONDENT Albury City Council
FILE NUMBER(S) : 10160 of 2007
CORAM: Murrell C
KEY ISSUES: Development Application :- 18 town houses, density of development, inconsistent with character of area, traffic, parking, noise, impact, design, internal amenity, external impacts of bulk and scale, overshadowing, privacy and stormwater.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Albury Development Control Plan Albury Local Environmental Plan 2000
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 25/07/2007 and 26/07/2007
EX TEMPORE JUDGMENT DATE : 26 July 2007
APPLICANT Mr M. Staunton, barrister Instructed by T. Falherty
LEGAL REPRESENTATIVES: RESPONDENT Ms S. Duggan, barrister Instructed by M Roger of Kell Moore Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
26 July 2007
10160 of 2007 Fulford Properties Pty Limited v Albury City Council
JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Albury City Council's refusal of a development application for 18 townhouses at the property known as 254 Walsh Street East Albury, being Lot 91, and part Lot 271 Bernhardt Street.
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