Donald Crone & Associates Pty Ltd v Council of the City of Bathurst & Ors [1988] NSWLEC 22

Land and Environment Court of New South Wales

CITATION : Donald Crone & Associates Pty Ltd v Council of the City of Bathurst & Ors [1988] NSWLEC 22 APPLICANT Donald Crone & Associates Pty Ltd

FIRST RESPONDENT Council of the City of Bathurst

SECOND RESPONDENT PARTIES : Woolworths Limited

THIRD RESPONDENT Kenlinda Pty. Limited

FOURTH RESPONDENT Minister For Planning And Local Government

FILE NUMBER(S) : 10152; 40184 of 1988 CORAM: Cripps J KEY ISSUES: :- Environmental Planning and Assessment Act LEGISLATION CITED: Local Government Act 1919 Land And Environment Act Woolworths Limited v. Bathurst City Council, 63 LGRA 55; Council of the Municipality of Ku-Ring-Gai v. Minister for Natural Resources; CASES CITED: M.A. Partridge & Sons Pty. Limited, 1986; Claude Neon Pty. Limited v. Sydney CIty Council, 1986,; Woolworths Limited v. Bathurst City Council, 63 LGRA 55 at 62 King v. Great Lakes, 58 LGRA 366; Sydney Training Depot Snapper Island Limited v.John Brown,1987 DATES OF HEARING: DATE OF JUDGMENT: 10/01/1988

APPLICANT Mr. Masterman QC LEGAL REPRESENTATIVES: RESPONDENT Mr. Davison

JUDGMENT: His Honour: On 20 April 1988, Donald Crone & Associates Pty. Limited (the architects for the "Developer") appealed to the Court in its Class 1 jurisdiction against the deemed refusal of the Bathurst City Council of an application for development consent for a retail shopping centre and carpark station on land in the Bathurst CBD. The proposed development is to be undertaken on land bounded by Durham, George, William and Howick Streets and is estimated to cost approximately $7 million. The Developer proposes to consolidate a number of properties. Included in the consolidation are 12 lots vested in the Council and forming the Council's existing carpark. Of particular relevance to issues raised is the proposed inclusion of Lot 2 in DP539860, being part of the existing carpark, into the development.