Woodfield Retirement Village v Ashfield Council [No 2] [2004] NSWLEC 223

Land and Environment Court of New South Wales

CITATION : Woodfield Retirement Village v Ashfield Council [No 2] [2004] NSWLEC 223 APPLICANT Woodfield Retirement Village PARTIES : RESPONDENT Ashfield Council . FILE NUMBER(S) : 11223 of 2003 CORAM: Moore C KEY ISSUES: Development Application :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 4 May 2004 DATE OF JUDGMENT: 05/11/2004

APPLICANT Mr A Galasso, barrister INSTRUCTED BY Wilshire Webb LEGAL REPRESENTATIVES:

RESPONDENT Mr S Griffiths, solicitor Pike Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Matter 11223 of 2003 Moore C 11 May 2004 Woodfield Retirement Village Applicant v Ashfield Council Respondent Supplementary Judgment

1 During the course of the short hearing on 4 May 2004 to finalise this application, I indicated that I would provide short supplementary reasons on three matters which I determined during the course of that hearing.

2 The first of them related to the proposal by the council's expert town planner, Mr Moody, that Ward 24 be deleted.

3 The second related to the question of whether or not Mr Moody's proposal for the deletion of the bathroom and the cleaners' storage area in the south-western corner on the first floor should be adopted.

4 The third is why I was not prepared to accept Mr Wilson's proposal, for the applicant, that external blinds should be permitted in the north-western corner attached to the preserved heritage structure as a substitution for the veranda awnings which I had required to be deleted in my original decision on the matters of principle involved in the application.