Inquiry Property Investments Pty Ltd v Great Lakes Council [2014] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Inquiry Property Investments Pty Ltd v Great Lakes Council [2014] NSWLEC 1056 Hearing dates: 17,18,19 March 2014 Decision date: 01 April 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. DA417/2012 for the erection of a building containing six convenience stores on the land known as Lot 2 DP 249361, The Lakes Way, Forster is refused. 3. The exhibits are returned with the exception of exhibits 3 and G. Catchwords: DEVELOPMENT APPLICATION: erection of a building containing six convenience stores - weight to draft environmental planning instrument - impact on the scenic qualities of the site - whether inconsistent with principles of ecologically sustainable development - unacceptable economic impact on planned and existing centres Legislation Cited: Draft Great Lakes Local Environmental Plan 2014 Draft State Environmental Planning Policy (Competition) 2010 Environmental Planning and Assessment Act 1979 Great Lakes Local Environmental Plan 1996 State Environmental Planning Policy No. 71 Cases Cited: Agostino v Penrith City Council [2010] NSWCA 20 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Inquiry Property Investments Pty Ltd (Applicant) Great Lakes Council (Respondent) Representation: Ms A Pearman, barrister (Applicant) Mr N Eastman, barrister (Respondent) Barraclough Jones & Associates (Applicant) Local Government Legal (Respondent) File Number(s): 10492 of 2013