Freedom Furniture Pty Limited v. Parramatta City Council [1988] NSWLEC 28

NSW Caselaw

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Land and Environment Court of New South Wales

CITATION : Freedom Furniture Pty Limited v. Parramatta City Council [1988] NSWLEC 28 APPLICANT Freedom Furniture Pty Limited PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10329 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act, 1979 Dowling Enterprises Pty Ltd v. Quinn, 39L.G.R.A. 202, at 204. Permewan Wright Ltd v. Attorney-General (N.S.W.); Franklins Stores Pty Ltd, (1977); CASES CITED: Wright v. Edwards [1961]; Pletts v. Beattie, [1896] ; Titmus v. Littlewood, [1916]; Mizen v. Old Florida Ltd, (1934) DATES OF HEARING: DATE OF JUDGMENT: 10/28/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: CaflonePty Limited is the registered proprietor of premises known as 596-608Church Street, North Parramatta ("the subject property"), and authorised Freedom Furniture Pty Limited ("Freedom") to make a development application to the Parramatta City Council for development consent to use the subject property for the purpose of warehousing, assembly, distribution, display and sale of domestic furniture. At its meeting of 9thJune, 1987 Council resolved that the application be refused for the following reasons:|CF2.|PSI

"i) The proposed use is contrary to the site's Light Industrial Zoning and the provisions of the Parramatta Planning Scheme Ordinance.

ii) Approval of the application would not be in the public's interest."|CF1.|PSO

The applicant appeals to this Court pursuant to the provisions of s.97 of the Environmental Planning and Assessment Act, 1979 ("the E.P.&A.Act") against such refusal.

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Document text

Land and Environment Court of New South Wales

CITATION : Freedom Furniture Pty Limited v. Parramatta City Council [1988] NSWLEC 28 APPLICANT Freedom Furniture Pty Limited PARTIES : RESPONDENT Parramatta City Council

LEGAL REPRESENTATIVES:

JUDGMENT:

"i) The proposed use is contrary to the site's Light Industrial Zoning and the provisions of the Parramatta Planning Scheme Ordinance.

ii) Approval of the application would not be in the public's interest."|CF1.|PSO

The applicant appeals to this Court pursuant to the provisions of s.97 of the Environmental Planning and Assessment Act, 1979 ("the E.P.&A.Act") against such refusal.

Read full text →