NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Parangool Pty Ltd v Botany Bay City Council [2009] NSWLEC 1189
APPLICANT Parangool Pty Ltd PARTIES : RESPONDENT Botany Bay City Council
FILE NUMBER(S) : 11025 of 2008
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT CONSENT :- general warehouse use; hours of operation; noise; truck movements; impact on amenity of residential units; and question of existing use rights
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Botany Local Environmental Plan 1995
Fatsel Pty Ltd & Anor v ACR Trading Pty Ltd & Anor [No. 3] North Sydney Municipal Council v Boyts Radio and Electrical Pty Ltd & Ors CASES CITED: Botany Bay City Council v Workmate Abrasives Pty Ltd Chamwell Pty Ltd v Strathfield Municipal Council (2007) 151 LGERA 400 Fodor Investments v Hornsby Shire Council (2005) 141 LGERA 14 Stromness Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 587
DATES OF HEARING: 18 and 19 March 2009
DATE OF JUDGMENT: 15 June 2009
APPLICANT Mr N Eastman (Barrister) SOLICITORS Gadens Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr T O'Connor (Solicitor) SOLICITOR Houston Dearn O'Connor
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
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