Hughes v Council of the City of Sydney [2006] NSWLEC 225

Land and Environment Court of New South Wales

CITATION : Hughes v Council of the City of Sydney [2006] NSWLEC 225

APPLICANT Gavin Hughes PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 11507 of 2005

CORAM: Moore C

KEY ISSUES: Development Application :-

DATES OF HEARING: 9 March 2006

EX TEMPORE JUDGMENT DATE : 03/09/2006

APPLICANT Mr R d'Apice, solicitor Makinson & d'Apice LEGAL REPRESENTATIVES:

RESPONDENT Mr S Kondilios, solicitor Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

9 March 2006

05/11507 Gavin Hughes v Council of the City of Sydney

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal will be the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but will be available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 concerning the refusal by the Council of the City of Sydney (the council) of Development Application 2005/01712 proposing the removal of an existing brick balustrade along the western elevation of unit 18, 101-115 Victoria Street, Potts Point and the replacing of that balustrade with a clear glass balustrade supported by structural aluminium posts at appropriate intervals.