Blue Sky Capital Ventures Pty Limited v Council of the City of Lake Macquarie [2008] NSWLEC 1142

Land and Environment Court of New South Wales

CITATION : Blue Sky Capital Ventures Pty Limited v Council of the City of Lake Macquarie [2008] NSWLEC 1142

APPLICANT Blue Sky Capital Ventures Pty Limited PARTIES : RESPONDENT Council of the City of Lake Macquarie

FILE NUMBER(S) : 10261 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Urban design, interface with neighbouring properties, streetscape, traffic, public interest

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Lake Macquarie Local Environmental Plan 2004

DATES OF HEARING: 20/02/2008 and 21/02/2008

DATE OF JUDGMENT: 23 April 2008

APPLICANTS: Mr J. Robson, SC Instructed by Ms A. Spizzo, solicitor of Herbert Geer Rundle LEGAL REPRESENTATIVES:

RESPONDENT: Mr G. Newport, barrister Instructed by Mr G. Long, solicitor of City of Lake Macquarie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

23 April 2008

10261 0f 2007 Blue Sky Capital Ventures Pty Limited v Council of the City of Lake Macquarie

JUDGMENT Background 1 Blue Sky initially lodged this appeal against council's refusal of a development application for a shopping centre and associated infrastructure adjacent to the existing neighbourhood centre at the intersection of Freemans Drive and Alton Road, Cooranbong.

2 After the application was granted conditional consent by the Court, it was then remitted for further hearing following a successful s56A appeal. The issues identified for the further hearing concern: o Urban design, in terms of the streetscape and suitability of the development interface with adjoining residential development. o Acoustic impacts. o Public interest. 3 Insofar as traffic was also one of the issues identified for the re-hearing, conferencing between the respective experts resulted in an agreement, enabling conditions of consent to cover this matter.