Meriton Apartments Pty Ltd v Ashfield Council [2001] NSWLEC 195

Land and Environment Court of New South Wales

CITATION : Meriton Apartments Pty Ltd v Ashfield Council [2001] NSWLEC 195 APPLICANT: Meriton Apartments Pty Ltd PARTIES : RESPONDENT: Ashfield Council FILE NUMBER(S) : 10235; 10237; 10209 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Consent orders in class 1 proceedings-Evidence of objector's concerns received and considered. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 6 August 2001 EX TEMPORE JUDGMENT DATE : 08/06/2001

APPLICANT: Mr R de Carvalho, Solicitor SOLICITORS Legal Counsel Meriton Apartments Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT: Mr P Jackson, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10235, 10237 and 10209 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 6 August 2001

MERITON APARTMENTS PTY LTD

Applicant

v

ASHFIELD COUNCIL

Respondent

JUDGMENT

Bignold J:

1. The Court has before it three appeals pursuant to the Environmental Planning and Assessment Act 1979, s 96 relating to the same development, being a major residential with office and retail, component development of property known as 209 Liverpool Road, Ashfield.

2. The Council granted development consent to the major development in December 2000. The consent was granted subject to many conditions and the present appeals relate to applications to modify some of those conditions that were imposed in the original grant of approval on 20 December 2000.