NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ostron Pty Ltd v Wingecarribee Shire Council [2007] NSWLEC 467
APPLICANT Ostron Pty Ltd PARTIES : RESPONDENT Wingecarribee Shire Council
FILE NUMBER(S) : 10704 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- seniors living development - height, bulk, scale, contribution to locality, drainage, public interest
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy - Seniors Living Wingecarribee Local Environmental Plan 1989
CASES CITED: GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268; Marina Bay Developments Pty Ltd v Pittwater Council [2007] NSWLEC 41
DATES OF HEARING: 23, 28, 30 and 31 May 2007
DATE OF JUDGMENT: 31 July 2007
APPLICANT Mr J Webster SC SOLICITORS Home Wilkinson Lowry LEGAL REPRESENTATIVES: APPLICANT Mr D Wilson SOLICITORS Bilinsky & Co
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
31 July 2007
10704 of 2006 Ostron Pty Limited v Wingecarribee Shire Council
JUDGMENT Background 1 This appeal was lodged against councils refusal of a development application for a seniors living development at 22-24 Church Road, Moss Vale. An initial application for a 80 unit development on the site was lodged under the provisions of SEPP 5 and this was refused by council.
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