NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Peter Weir and Associates Pty Ltd v Parramatta City Council [2007] NSWLEC 734
APPLICANT PARTIES : Peter Weir and Associates Pty Ltd RESPONDENT Parramatta City Council
FILE NUMBER(S) : 11065 of 2006
CORAM: Pain J
KEY ISSUES: Appeal :- s56A appeal on question of law where development refused is private road bridge over public road - whether Comissioner erred in exercise of jurisdiction in deciding that assessment of long term vision of public art is beyond Court's role - whether Comissioner erred in exercise of jurisdiction in considering leasing arrangements for public space - whether Comissioner took into account irrelevant considerations by considering need for and public use of proposed development.
Environmental Planning and Assessment Act 1979 s79C, s97 LEGISLATION CITED: Land and Environment Court Act 1979 s56A Parramatta City Centre Plan – Development Control Plan Sydney Regional Environmental Plan No 28 - Parramatta
Brimbella Pty Limited v Mosman Municipal Council (1985) 79 LGERA 367; CASES CITED: Estate Project Development Pty Ltd v City of Sydney Council (2005) 141 LGERA 86; Kentucky Fried Chicken Pty Ltd v Gantidis (1979) 40 LGRA 132; Peter Weir and Associates v Parramatta City Council [2007] NSWLEC 353
DATES OF HEARING: 5 November 2007
DATE OF JUDGMENT: 6 November 2007
APPLICANT Mr J Maston SOLICITOR LEGAL REPRESENTATIVES: Robinson Legal RESPONDENT Mr T Pickup (Solicitor) SOLICITOR Storey & Gough Solicitors
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