NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mosman Church of England Preparatory School v Warringah Council [2009] NSWLEC 1190
APPLICANT Mosman Church of England Preparatory School PARTIES : RESPONDENT Warringah Council
FILE NUMBER(S) : 10965 of 2008
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition, conversion of an existing building; construction of a facilities hall; multi-sports oval and tennis/basket ball courts; dam refurbishment; car parking; setbacks; horse and riding safety; traffic; desired future character.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Warringah Local Environmental Plan 2000
CASES CITED: Dem Gillespies v Warringah Council [2002] NSWLEC 224 Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128
DATES OF HEARING: 7 April 2009 and 4-5 May 2009
DATE OF JUDGMENT: 12 June 2009
APPLICANT Mr P Holland (Solicitor) SOLICITOR Minter Ellison LEGAL REPRESENTATIVES:
RESPONDENT Mr S Patterson (Solicitor) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
12 June 2009
10965 of 2008 Mosman Church of England Preparatory School v Warringah Council
JUDGMENT Introduction 1 This appeal relates to a development application for various building works, earthworks and the use of Lot 139 DP 752017 being land at the southeast corner of Tooronga Road and Kallaroo Road, Terrey Hills for recreation facilities associated with the Mosman Preparatory School.
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