Jenkins v Leichhardt Council [2000] NSWLEC 150

Reported Decision : 108 LGERA 426

Land and Environment Court of New South Wales

CITATION : Jenkins v Leichhardt Council [2000] NSWLEC 150 APPLICANT: Jenkins PARTIES : RESPONDENT: Leichhardt Council FILE NUMBER(S) : 10191 of 2000 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Application by resident objectors for limited participation in hearing of development appeal LEGISLATION CITED: Land and Environment Court Act 1979, s 38(2) CASES CITED: Ziatabari v Ku-Ring-Gai Council NSWLEC 139 DATES OF HEARING: 10/07/00 DATE OF JUDGMENT: 07/11/2000

APPLICANT: Mr T Howard, Barrister SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Ms O'Hagan, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT: IN THE LAND AND Matter No . 10191 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 11 July 2000

JENKINS

Applicant

v

LEICHHARDT COUNCIL

Respondent

JUDGMENT

Bignold J:

1. This is a Notice of Motion filed on 4 July 2000, by a number of residents living in close proximity to No 9 Hart Street, Balmain, being the site of a proposed development (involving alterations and additions to an existing dwelling-house) which application has been refused by the Council and is the subject of a pending class one proceeding in this Court.

2. That proceeding which was commenced on 7 March 2000 involves an appeal pursuant to the Environmental Planning and Assessment Act 1979 (EP&A Act) s 97 against the Council's deemed refusal of the development application is listed for hearing on 20 and 21 July 2000.