NSW Caselaw
Land and Environment Court of New South Wales
CITATION : T & K Berry v Wollongong Council [2008] NSWLEC 210
PARTIES : T & K Berry (Applicants) Wollongong Council (Respondent)
FILE NUMBER(S) : 10230 of 2008
CORAM: Jagot J
KEY ISSUES: Development Application :- appeal - ecotourism facility - whether development properly characterised as ecotourism facility or dwelling house - whether prohibition on erection of dwelling houses applies to manager's residence - whether development appropriate - precedent - cumulative impact - weight to be given to draft environmental planning instrument not yet exhibited
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400 CASES CITED: Egan v Hawkesbury City Council (1993) 79 LGERA 321 Hawkesbury City Council v Sammut (2002) 119 LGERA 171 North Sydney Municipal Council v Sydney Serviced Apartments Pty Ltd (1990) 21 NSWLR 532
DATES OF HEARING: 9/7/08 - 11/7/08
DATE OF JUDGMENT: 23 July 2008
APPLICANTS Mr M Craig QC with Ms A Pearman SOLICITORS Mills Oakley Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P McEwen SC with Mr M Seymour SOLICITORS Kells The Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
23 July 2008
10230 of 2008
TIM AND KATHRYN BERRY Applicants
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