Caltex Oil (Australia) Pty Ltd v Warringah Shire Council [1988] NSWLEC 19

Land and Environment Court of New South Wales

CITATION : Caltex Oil (Australia) Pty Ltd v Warringah Shire Council [1988] NSWLEC 19 APPLICANT Caltex Oil (Australia) Pty Ltd PARTIES : RESPONDENT Warringah Shire Council FILE NUMBER(S) : 10490 of 1987 CORAM: Cripps J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act Environmental Planning and Assessment Regulation, 1980. Caltex Oil (Australia) Pty. Limited v. Canterbury Municipal Council, 50 LGRA 1; CASES CITED: Food Plus v. Warringah Shire Council, 50 LGRA 76; Golden Fleece Petroleum Pty. Limited v. Rockdale Municipal Council, 52 LGRA 202; Food Plus Pty. Limited v. Warringah Shire Council, (1983) DATES OF HEARING: DATE OF JUDGMENT: 10/01/1988

APPLICANT Mr. Thompson LEGAL REPRESENTATIVES: RESPONDENT Mr. Tobias

JUDGMENT:

His Honour: This is an appeal pursuant to the provisions of s.56A of the Land and Environment Court Act against the decision of Assessor Jensen published on 12 February 1988.

The grounds of appeal are:

1. That the Assessor erred in law in holding that the development proposed constituted an existing use change to another use in accordance with cl. 51(1) of the Environmental Planning and Assessment Regulation, 1980.

2. The Assessor erred in law in finding that the provision of an acoustic barrier between the subject land and the premises, No. 1513 Pittwater Road, should be the subject of the orders of the Court yet failed to impose a condition of consent requiring provision of such a barrier.