NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Tappouras v Lake Macquarie City Council [2011] NSWLEC 1209 Hearing dates: 31/01, 01/02 and 29/04/2011 Decision date: 20 July 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (DA-2112/2008) for an educational establishment at 85 Ironbark Road, Morisset, is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 12, V and Z, may be returned. Catchwords: APPEAL - development application for a school. Suitability of the site, odour impacts, consistency with zone objectives and rural character, visual impact and safety and security. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act Protection of the Environment Operations Act 1997 Lake Macquarie Local Environmental Plan 2004 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Inghams Enterprises Pty Ltd v Kira Holdings Pty Ltd (1996) 90 LGERA 68 Category: Principal judgment Parties: Luke Tappouras (Applicant)
Lake Macquarie City Council (Respondent) Representation: Counsel Mr J Ayling, SC with Mr M Staunton (Applicant)
Mr G Newport (Respondent) Solicitors HWL Ebsworth Lawyers (Applicant)
Wilshire Webb Staunton Beattie (Respondent)
Lake Macquarie City Council (Applicant) File Number(s): 10770 of 2011
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