Felzip Pty Limited v. Warringah Shire Council [1989] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Felzip Pty Limited v. Warringah Shire Council [1989] NSWLEC 195 APPLICANT Felzip Pty Ltd PARTIES : RESPONDENT Warringah Shire Council FILE NUMBER(S) : 10541 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning & Assessment Act 1979 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 05/19/1989

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT:

HIS HONOUR: At its meeting of 12thJuly, 1988 the Warringah Shire Council ("the Council") refused a development application to use premises known as 317Mona Vale Road, Terrey Hills for the purpose of a helipad, for the following reasons:|CF2.|PSI

"1. Pursuant to Section 90(1)(b) of the Environmental Planning & Assessment Act 1979, the applicant has not demonstrated to Council's satisfaction that the proposal will not have an adverse environmental impact on the area.

2. Pursuant to Section 90(1)(p) of the Environmental Planning & Assessment Act 1979, the applicant has not satisfied Council that the proposal is satisfactory in terms of major items of concern raised in public submissions made under Section87 of the E.P.&A.Act, 1979.

3. Pursuant to Section90(1)(r) of the Environmental Planning & Assessment Act 1979, the proposal is not in the public interest.

4. Pursuant to Section90(1)(n) of the Environmental Planning & Assessment Act 1979, the applicant has not satisfied Council that matters of concern raised by public authorities can be satisfactorily resolved, specifically:

i) Distraction to motorists using both Mona Vale Road and Myoora Road and likely impact on traffic safety.