Pepperwood Ridge Pty Ltd v Newcastle City Council [2006] NSWCA 122

Reported Decision : 145 LGERA 340

New South Wales Court of Appeal

CITATION: Pepperwood Ridge Pty Ltd v Newcastle City Council [2006] NSWCA 122

HEARING DATE(S): Wednesday 17 May 2006

JUDGMENT DATE: 14 June 2006

JUDGMENT OF: Giles JA at 1; Tobias JA at 2; McColl JA at 45

DECISION: (a) Appeal allowed; (b) Set aside Order 1 made by Pain J on 29 July 2005; (c) Declare that the land known as 164-168 Lake Road, Elmore Vale is land to which the State Environmental Planning Policy (Seniors Living) 2004 applies; (d) The respondent to pay the appellant's costs of the proceedings to date in the Land and Environment Court and of the appeal

CATCHWORDS: ENVIRONMENTAL PLANNING – local environment plan – zoning – purpose of zone objectives – application of the State Environmental Planning Policy (Seniors Living) 2004 – identification of land by description – identification of land for purposes of the State Environmental Planning Policy (Seniors Living) 2004 - WORDS AND PHRASES – "identification" – "description"

Newcastle Local Environmental Plan 2003 LEGISLATION CITED: State Environmental Planning Policy (Seniors Living) 2004 Warringah Local Environmental Plan 1985

CASES CITED: Warringah Shire Council v Punnett & Associates Pty Limited (2001) 122 LGERA 1 Druitts Developments Pty Ltd v Gosford City Council (2001) 113 LGERA 61

PARTIES: Pepperwood Ridge Pty Limited Newcastle City Council

FILE NUMBER(S): CA 40666/05

COUNSEL: A: J A Ayling SC/ T G Howards R: Malcolm CRaig QC / J Maston

SOLICITORS: A: Cleaves Mallik Gibbs, Cessnock R: Sparke Helmore, Newcastle

LOWER COURT JURISDICTION: Land & Environment Court