The Owners of Strata Plan 69010 v City of Sydney Council [2007] NSWLEC 209

Land and Environment Court of New South Wales

CITATION : The Owners of Strata Plan 69010 v City of Sydney Council [2007] NSWLEC 209

APPLICANT The Owners of Strata Plan 69010 PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 11121 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- S 96 Modification, payment associated with pedestrian link transfer

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 16/04/2007

EX TEMPORE JUDGMENT DATE : 16 April 2007

APPLICANT Mr McMahon, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr S.Kondilios, solicitor with Ms P. Adraskelas, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

16 April 2007

11121 of 2006 The Owners of Strata Plan 69010 v City of Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 This appeal was lodged against a modified condition imposed on a residential development comprising 8 townhouses at 83A Stewart Street, Paddington. The subject development included a ground level through-site link (approximately 1.96 m wide and 48.5 m long) along the eastern boundary of the development to link Leinster Street, Stewart Street and a pocket park located adjacent to the site and Stewart Street.