Salmon & Ors v Holroyd CC [2006] NSWLEC 699

Land and Environment Court of New South Wales

CITATION : Salmon & Ors v Holroyd CC [2006] NSWLEC 699

APPLICANT Salmon & Ors PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 11526 of 2004, 11527 of 2004, 11529 of 2004, 11530 of 2004, 11531 of 2004 and 11532 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :- Residential Subdivision, dual occupancy, setbacks, density and landscaping

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan

DATES OF HEARING: 1/11/2006

EX TEMPORE JUDGMENT DATE : 11/01/2006

APPLICANT Mr J. Farah, soliciotr of Sanford Legal LEGAL REPRESENTATIVES:

RESPONDENT Ms K. Gerathy, solicitor of Abbot Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey

1 November 2006

11526 of 2004 Salmon & Ors v Holroyd City Council 11527 of 2004 11529 of 2004 11530 of 2004 11531 of 2004 11532 of 2004 This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 Following the submissions from Ms Gerathy, I am in a position to determine this on the basis that the matter has been remitted for continuation of the original proceedings. I understand now that the final plans for approval that were originally not provided and were the main reason for the proceedings being dismissed have now been provided. These final plans have been assessed by council, together with the conditions of consent that would apply to this development. That procedure has resulted in the parties agreeing to Consent Orders. 2 For the Consent Orders I note that there were no objectors and therefore there is no necessity to advise or notify these consent orders.