NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jabbour v Blacktown City Council [2010] NSWLEC 1087
APPLICANT Tony Jabbour PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10916 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Shop within industrial zone, separation distance to commerdcial zone, traffic/parking.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Blacktown Local Environmental Plan 1988 Blacktown Development Control Plan 2008
Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 CASES CITED: Goldin and Another v Minister for Transport [2002] NSWLEC 75 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226
DATES OF HEARING: 17 March 2010
DATE OF JUDGMENT: 20 April 2010
APPLICANT Mr M Baird (barrister) SOLICITOR M. Joukhada (solicitor) LEGAL REPRESENTATIVES:
RESPONDENT Mr A Seton (solicitor) SOLICITOR Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 April 2010
10916 of 2009 Tony Jabbour v Blacktown City Council
JUDGMENT
Background 1 This appeal is against council's refusal of a development application for the use of part of a 2- storey factory unit at 5/70 Holbeche Road, Arndell Park for the purpose of a pharmacy. The remainder of the unit is to used for the assembly of first aid kits. 2 The subject land is within the Arndell Park industrial area and the surrounding land to the east, west and south has been developed over the past 20 years as factory and warehouse developments of various sizes. The property is located within a recently completed industrial complex comprising 47 units that is situated at the south western corner of Holbeche Road and Walters Road. The unit has 5 car parking spaces. 3 To the north of the subject land is a neighbourhood shopping centre (Arndell Park) comprising an Aldi supermarket, other shops and a medical centre. The land to the northeast is mainly developed as detached residential dwellings.
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