Burwood Council v Hanna Elias [1999] NSWLEC 107

Land and Environment Court of New South Wales CITATION: Burwood Council v Hanna Elias [1999] NSWLEC 107

PARTIES APPLICANT Burwood Council

RESPONDENT Mr Hanna Elias

NUMBER: 40201 of 1998

CORAM: Cowdroy A J

KEY ISSUES: :- development consent - breach of conditions - order for removal of sanitary plumbing installed in breach of conditions of consent.

LEGISLATION CITED: development consent - breach of conditions - order for removal of sanitary plumbing installed in breach of conditions of consent.

DATES OF HEARING: 02/09/1999; 02/26/1999; 04/08/1999; 05/04/1999

DATE OF JUDGMENT DELIVERY: 05/04/1999

APPLICANT Mr A J Mitchelmore

SOLICITORS John Corcoran & Co LEGAL REPRESENTATIVES: RESPONDENT In Person

SOLICITORS n/a

JUDGMENT: Facts

1. Burwood Council ("the council") seeks a declaration that certain sanitary plumbing constructed along the external western face of the brick work of the cottage known as Linthorn Avenue, Croydon Park breaches Condition 14 of the building approval granted by the Council to the respondent. The council seeks consequential orders requiring the removal of such work. At the site there was an old single storey double brick cottage. The respondent lodged an application to erect a first floor addition to the premises on 27 March 1996. Such application was refused following numerous objections. Subsequently on 2 September 1996 a second application was lodged (No. 156/96) for the erection of a brick veneer first floor addition and alterations to the cottage in accordance with certain plans and specifications. The proposed additions included construction of two bedrooms, bathroom, living area, verandah and provided alterations essentially to the rear of the ground floor.