NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lenjade Pty Limited v Holroyd City Council [2009] NSWLEC 1002
APPLICANT Lenjade Pty Limited PARTIES : RESPONDENT Holroyd City Council
FILE NUMBER(S) : 10818 of 2008
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION - DEVELOPMENT CONTROL PLAN :- Carwash; convenience store; cafe and service station; car parking; signage; hours of operation; desired future character.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Holroyd Local Environmental Plan 1991 Development Control Plan No. 45 - Merrylands Town Centre Precinct Holroyd Development Control Plan 2007
DATES OF HEARING: 20/11/200/-21/11/2008
DATE OF JUDGMENT: 7 January 2009
APPLICANT Mr A Seton, solicitor LEGAL REPRESENTATIVES: of Marsden's Law Group
RESPONDENT Mr M Sahade, barrister
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
7 January 2009
10818 of 2008 Lenjade Pty Limited -v- Holroyd City Council
JUDGMENT Introduction 1 This appeal under s 97 of the Environmental Planning and Assessment Act 1979 is against the Holroyd City Council's refusal of a development application for alterations and additions to an existing disused service station at 195 Pitt Street, Merrylands (Lots 60, 61 and 62 DP 7916) to provide a new Crystal Carwash ("the company") facility, convenience store, cafe, fuel dispensers, car parking and associated signage. The anticipated daily throughput for the carwash is between 70 and 150 vehicles.
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