NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McMaster v Wagga Wagga City Council [2009] NSWLEC 1237
APPLICANT Alexander McMaster Trading as Bomen Agricultural Machinery PARTIES : RESPONDENT Wagga Wagga City Council
FILE NUMBER(S) : 11090 of 2008
CORAM: Moore SC
KEY ISSUES: CONSTRUCTION AND INTERPRETATION - DEVELOPMENT APPLICATION :-
Wagga Wagga Rural Local Environmental Plan 1991 LEGISLATION CITED: Environmental Planning and Assessment Model Provisions 1990 Road Transport (General) Act 2005
DATES OF HEARING: 13 May 2009
EX TEMPORE JUDGMENT DATE : 13 May 2009
APPLICANT Ms S Duggan, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Commins Hendriks Solicitors
RESPONDENT Mr S Simmington, solicitor Lindsay Taylor Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC
13 May 2009
11090 of 2008 Alexander McMaster Trading as Bomen Agricultural Machinery v Wagga Wagga City Council
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: The applicant seeks development consent for the erection of a number of buildings at a site known as 3,934 Sturt Highway, Gumly Gumly.
2 Amongst the issues that arise between the parties is whether, on a proper characterisation of the business proposed to be conducted, the business is permitted or not within the zone where the site is located. That zoning is the Zone No. 1 (Rural) under the Wagga Wagga Rural Local Environmental Plan 1991.
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