NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hill Top Planners Pty Ltd v Maitland City Council [2009] NSWLEC 1086
APPLICANT Hill Top Planners Pty Ltd PARTIES : RESPONDENT Maitland City Council
FILE NUMBER(S) : 11261 of 2008
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Building warehouse classification, flooding, separation to dwelling.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Maitland Local Environment Plan 1993 Hunter Region Environmental Plan 1989
DATES OF HEARING: 17/03/2009
EX TEMPORE JUDGMENT DATE : 17 March 2009
APPLICANT Mr R. Bennett, Agent
LEGAL REPRESENTATIVES: RESPONDENT Mr S. Williams, solicitor of Thompson Norrie Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
17 March 2009
11261 of 2008 Hill Top Planners Pty Ltd V Maitland City Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the construction of a building at 42 Smith Street, Maitland to be used as a personal art studio and the storage of personal effects and for garaging of motor vehicles. The site is to be located in the residential area that is subject to flooding.
2 The reasons for refusing the application included it not representing orderly development of the land, incompatibility of the use with the predominant residential character, inadequate separation from other dwellings and public interest considerations.
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