NSW Caselaw
Land and Environment Court of New South Wales
CITATION : 115 Constitution Road Pty Limited v Marrickville Council [2007] NSWLEC 418
APPLICANT 115 Constitution Road Pty Limited PARTIES : RESPONDENT Marrickville Council
FILE NUMBER(S) : 10113 of 2007
CORAM: Tuor C
Development Application :- Cap and contain on site contamination KEY ISSUES: Adequacy of Site Audit Report and Environmental Management Plan Conditions of approval
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environment Planning Policy 55 - Remediation of Land Marrickville Local Environmental Plan 2001
DATES OF HEARING: 15/06/2007
EX TEMPORE JUDGMENT DATE : 18 June 2007
APPLICANT Dr S Berveling, barrister instructed by Ms C Georgiou of Levitt Robinson, Solicitors
LEGAL REPRESENTATIVES:
RESPONDENT Mr G Christmas, solicitor Marrickville Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
18 June 2007
10113 of 2007 115 Constitution Road Pty Limited v Marrickville Council
JUDGMENT 1 This is an appeal against the refusal by Marrickville Council (the council) of a Development Application (200500296) to cap and contain on site contamination at 115-117 Constitution Road, Dulwich Hill (the site). 2 The Statement of Issues contained the following issues:
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