Hassib Najjar v Hornsby Shire Council [2004] NSWLEC 61

Land and Environment Court of New South Wales

CITATION : Hassib Najjar v Hornsby Shire Council [2004] NSWLEC 61 APPLICANT Hassib Najjar PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 11558 of 2003 CORAM: Brown C KEY ISSUES: Development Consent :- Refusal to issue Occupation Certificate - s 96 application to modify approved dwelling LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Benalup Holdings Pty Ltd v Lismore City Council (81 LGERA 257) DATES OF HEARING: 19/02/2004 DATE OF JUDGMENT: 03/04/2004

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr I Woodward, solicitor SOLICITORS Hornsby Shire Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11558 of 2003

Brown C

4 March 2004 Hassib Najjar Applicant

v Hornsby Shire Council Respondent

Interim Findings Introduction 1. This is an appeal in respect of the determination by Hornsby Shire Council (the council) of an application pursuant to s 96(2) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify Development Consent No. 539/00 and also the council's refusal to issue an Occupation Certificate for a recently constructed dwelling at 15A Morgan Street, Thornleigh (the subject site). The proceedings were conducted as an On Site Hearing.

2. Mr Simon Evans, the council's assessments manager, provided evidence on both matters and offered alternate conditions to reflect his evidence. Local residents' Mr John Ruzek of 19 Morgan Street and Ms Tracy Knights of 15 Morgan Street provided further evidence on the s 96(2) application. Mr Najjar was self represented and provided a statement outlining his position. He provided no expert evidence although he indicated during the proceedings that he was an engineer.