NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Calardu Warrawong (Home Starters) Pty Limited v Wollongong City Council and Others [2008] NSWLEC 265
APPLICANT Calardu Warrawong (Home Starters) Pty Limited
FIRST RESPONDENT Wollongong City Council
PARTIES : SECOND RESPONDENT Brett David McCurry
THIRD RESPONDENT Jason Stanley McCurry
FOURTH RESPONDENT Bradley Raymond McCurry
FILE NUMBER(S) : 40516 of 2008
CORAM: Sheahan J
KEY ISSUES: Development Consent :- validity of development consent; use as "shop" in tourist area; correct calculation of carparking requirements; possible existing use rights; use of s.25B order
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Wollongong Local Environmental Plan 1990
Bruce v Cole and Others (1998) 45 NSWLR 163 CASES CITED: Clark & Davis v Wollongong City Council & Others (No.2) [2008] NSWLEC 226 Mid Western Community Action Group Incorporated v Mid-Western Regional Council & Anor (No.2) [2008] NSWLEC 143 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd and Others (1996) 91 LGERA 31
DATES OF HEARING: 4 September 2008
DATE OF JUDGMENT: 16 September 2008
APPLICANT Mr C McEwen, SC SOLICITORS Gadens
LEGAL REPRESENTATIVES: FIRST RESPONDENT Submitting appearance
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