NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Martin and Sporke Pty Ltd v Wingecarribee Shire Council [2007] NSWLEC 598
APPLICANT Martin and Sporke Pty Ltd PARTIES : RESPONDENT Wingecarribee Shire Council
FILE NUMBER(S) : 10254 of 2007
CORAM: Murrell C
KEY ISSUES: Development Application :- Retail and Commercial development, impact on heritage conservation area, solar access, height, bulk and scale, noise and traffic, streetscape and landscaping
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wingecarribee Local Environmental Plan Wingecarribee Development Control Plan
CASES CITED: BJP Properties v Lake Macquarie City Council (2004) NSWLEC 399; Stockland Development v Manly Council (2004) NSWLEC 472,
DATES OF HEARING: 9/08/2007 and 10/08/2007
EX TEMPORE JUDGMENT DATE : 13 August 2007
APPLICANT Ms Wheelhouse, SC Instructed by Neil Lawson and Co. LEGAL REPRESENTATIVES:
RESPONDENT Mr B. Bilinsky, solicitor of Bilinsky and & Co. Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
13 August 2007
10254 of 2007 Martin and Sporke Pty Ltd v Wingecarribee Shire Council
JUDGMENT 1 This is an extempore judgment for an appeal under s 97 of the Environmental Planning and Assessment Act, 1979 against Wingecarribee Shire Council's refusal of a development application for a retail commercial development on the south-eastern corner of Victoria Street and Mittagong Road, Bowral.
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