NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Home Site Pty Limited v Waverley Council [2009] NSWLEC 1354 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Home Site Pty Limited PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10299 of 2009
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- residential flat buildings; draft local environmental plan, draft development control plan, certainty and imminence, deferred commence condition.
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006 Draft Waverley Local Environmental Plan (Bondi Junction) 2008
CASES CITED: Architects Hayward and Bakker Pty Ltd v North Sydney Council (2000) NSWLEC 138 [33]
DATES OF HEARING: 22 September 2009 and 23 September 2009
DATE OF JUDGMENT: 26 October 2009
APPLICANT Mr P Tomasetti (SC) with Mr M Fraser (barrister) SOLICITOR Baron & Associates LEGAL REPRESENTATIVES:
RESPONDENTS Mr C McEwen (SC) with Mr M Staunton (Barrister) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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