NSW Caselaw
Land and Environment Court of New South Wales
CITATION : David Crane & Associates Pty Limited v Sutherland Shire Council [2007] NSWLEC 24
APPLICANT David Crane & Associates Pty Limited PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10521 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Change of Use, food shop classification, flooding, suitable location, public interest
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006
DATES OF HEARING: 17/10/2006, 6/11/2006 and 30/11/2006
DATE OF JUDGMENT: 23 January 2007
APPLICANT Mr P. Tomasetti, barrister Instructed by: Mr D. Balog of D C Balog & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Green, solicitor with Ms E. Ranken, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
Date : 23 January 2007
10521 of 2006 David Crane and Associates v Sutherland Shire Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for alterations to an existing building situated at 119 – 121 Parraweena Road, Caringbah, so as to permit its use as a food shop for the wholesaling and retailing of fruit, vegetables, groceries and smallgoods. It also included a cafe/delicatessen.
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