David Kettle Consulting Pty Limited v Gosford City Council [2008] NSWLEC 1385

Land and Environment Court of New South Wales

CITATION : David Kettle Consulting Pty Limited v Gosford City Council [2008] NSWLEC 1385 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT David Kettle Consulting Pty Limited PARTIES : RESPONDENT Gosford City Council

FILE NUMBER(S) : 10429 of 2005

CORAM: Moore C - Taylor C

KEY ISSUES: Development Consent - Modification Application :- Commercial water extraction

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

David Kettle Consulting v Gosford City Council & Ors [2005] NSWLEC 519 CASES CITED: Coca-Cola Amatil (Aust) Pty Ltd v Gosford City Council [2006] NSWLEC 278 1643 Pittwater Road v Pittwater Council [2004] NSWLEC 685 BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237, [2004] NSWLEC 399

DATE OF JUDGMENT: 1 October 2008

APPLICANT Mr P Tomassetti SC

LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister INSTRUCTED BY P J Donnellan & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C TAYLOR C

1 October 2008

05/10429 David Kettle Consulting Pty Limited v Gosford City Council

JUDGMENT

The consequence of the Court's decision in this appeal is the modification of an existing development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/