George M Adams - V - Waverley Council [1999] NSWLEC 7

Land and Environment Court of New South Wales CITATION: George M Adams - V - Waverley Council [1999] NSWLEC 7

PARTIES Applicant George M Adams

Respondent Waverley Council

NUMBER: 10198 of 1998

CORAM: Lloyd J

KEY ISSUES: :- Judgments and orders Jurisdiction to set aside

LEGISLATION CITED: Judgments and orders Jurisdiction to set aside

DATES OF HEARING: 12/04/1998

DATE OF JUDGMENT DELIVERY: 02/05/1999

Applicant Applicant I J Hemmings LEGAL REPRESENTATIVES: (i/b John Burrell Solicitors)

Defendant M E McMahon (s)

JUDGMENT:

1. This is a Notice of Motion by the respondent ("the Council") in a proceeding which was heard and determined by Assessor R R Hussey (as Commissioners were then called). The proceeding was an appeal by the applicant (Mr G Adams) under s 97 of the Environmental Planning & Assessment Act 1979 against the determination of the Council to refuse a development application for subdivision of No 2 Roscoe Street, Bondi into two allotments. The appeal was upheld by the Assessor, who granted development consent for the subdivision subject to a number of conditions which are set forth in Attachment "A" to the Assessor's judgment and which I attach to this judgment.