NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Emily II Investments v Rockdale City Council and anor [2009] NSWLEC 1229
APPLICANT Emily II Investments Pty Limited
PARTIES : FIRST RESPONDENT Rockdale City Council
SECOND RESPONDENT Bexley Chamber of Commerce
FILE NUMBER(S) : 10378 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of all existing improvements and the construction of a mixed retail, commercial and residential development - permissibility of the proposed development - inconsistency with the relevant zone and development control plan objectives - impacts on streetscape and character of the area - unacceptable amenity impacts on adjoining and nearby residential properties - inconsistency with the established retail hierarchy - impact on the existing commercial centres of Bexley and Rockdale
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Interpretation Act 1987 Rockdale Local Environmental Plan 2000 State Environmental Planning Policy No 1 – Development Standards
Maryland Development Co Pty Ltd v Penrith City Council 115 LGERA 75. Friends of Pryor Park Incorporated v Ryde Council [1995] NSWLEC 160 Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 CASES CITED: Wehbe v Pittwater Council [2007] 156 LGERA 446 Zhang v Canterbury City Council (2001) 115 LGERA 373 Fabcot Pty Ltd v Hawkesbury City Council [1997] NSWLEC 27 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315
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