Lucantonio v Concord Council [2001] NSWLEC 52

Land and Environment Court of New South Wales

CITATION : Lucantonio v Concord Council [2001] NSWLEC 52 APPLICANT Lucantonio PARTIES : RESPONDENT Concord Council FILE NUMBER(S) : 10174 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Consent :- Appeal against council's order requiring removal of unauthorised work - development not in accordance with conditions of consent - appeal dismissed LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B CASES CITED: DATES OF HEARING: 9/11/00, 10/11/00, 18/12/00 DATE OF JUDGMENT: 02/08/2001

APPLICANT Mr O Stichter (Solicitor)

SOLICITORS Otto Stichter and Associates LEGAL REPRESENTATIVES: RESPONDENT Mr D Carson (Solicitor)

SOLICITORS David M Carson, Lawyer

JUDGMENT:

IN THE LAND AND MATTER No. 10179 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 8/02/01

Paulette Lucantonio Applicant v Concord Council Respondent JUDGMENT

1. By application class one filed on 29 February 2000, Paulette Lucantonio ("the applicant") appeals against an order ("the order") issued by the Concord Council ("the council"). The order was made pursuant to s 121B of the Environmental Planning and Assessment Act 1979 ("the EP&A Act"). The order requires the removal of unauthorised works from a two storey dwelling ("the dwelling") at 13 Archer St, Concord ("the site") and modification of the dwelling to comply with plans lodged with development application 565/98.