NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Squadron Pty Ltd AFT Garrison Unity Trust v Wyong Shire Council [2007] NSWLEC 336
APPLICANT Squadron Pty Ltd AFT Garrison Unity Trust PARTIES : RESPONDENT Wyong Shire Council
FILE NUMBER(S) : 11230 and 11231 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- dual occupancy, flooding, noise, access, amenity; subdivision, s 96 modification of restrictive covenant conditions
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 71 Wyong Local Environmental Plan 1991 Wyong Development Control Plan No 2005
MacDonald v Mosman Council [1999] 105 LGERA ; CASES CITED: Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70; PDP (Darlinghurst Apartments) Pty Ltd v City of Sydney [2005] NSWLEC 41; ATL Australia Ltd v Willoughby Council [2000] NSWLEC 244
DATES OF HEARING: 1/06/2007 and 06/06/2007
DATE OF JUDGMENT: 8 June 2007
APPLICANT Mr M. Frazer, barrister instructed by P J Donnellan & Co LEGAL REPRESENTATIVES:
RESPONDENT Mr Brown, solicitor of Home Wilkinson Lowry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
8 June 2007
11230 of 2006 Squadron Pty Ltd AFT Garrison Unity Trust 11231 of 2006 v Wyong Shire Council
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