Kirkness v Gosford City Council [2012] NSWLEC 1060

Land and Environment Court New South Wales

Medium Neutral Citation: Kirkness v Gosford City Council [2012] NSWLEC 1060 Hearing dates: 30, 31 January 2012 Decision date: 19 March 2012 Jurisdiction: Class 1 Before: Pearson C Sullivan AC Decision: Appeal dismissed Catchwords: Development application - Aboriginal cultural heritage - Industrial development - Somersby Industrial Park Plan of Management Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Gosford Local Environmental Plan No 22 Gosford Local Environmental Plan No 457 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Davis v Gosford City Council [2007] NSWLEC 795 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Graeme Kirkness (Applicant) Gosford City Council (Respondent) Representation: Counsel Mr T Howard (Applicant) Solicitors Shaw Reynolds Bowen & Gerathy (Applicant) Mr I Woodward, Storey & Gough (Respondent) File Number(s): 10822 of 2011

Judgment 1This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by the respondent Council of consent to Development Application 39393/2010 for the erection of a factory building and associated works at 7 Ainslie Close Somersby (the site).