Curach v Sydney City Council [2004] NSWLEC 328

Land and Environment Court of New South Wales

CITATION : Curach v Sydney City Council [2004] NSWLEC 328 APPLICANT Mark Curach PARTIES : RESPONDENT Sydney City Council FILE NUMBER(S) : 10384 of 2004 CORAM: Hoffman C KEY ISSUES: Development Application :- Two townhouses and subdivision - s 96 application to amend existing consent condition regarding possible site contamination - and to include amended drawings Environmental Protection Act LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Contaminated Land Management Act 1997 South Sydney Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 21/06/2004 EX TEMPORE 06/21/2004 JUDGMENT DATE :

APPLICANT Mr J L Burrell, solicitor SOLICITORS Burrell Solicitors LEGAL REPRESENTATIVES: RESPONDENT Ms J Jago, barrister

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 June 2004

10384 of 2004 Mark Curach v Sydney City Council

JUDGMENT

1 This was a class 1 appeal No. 10384 of 2004 between March Curach and Sydney City Council in regard to a s 96 application to amend a consent for two attached two storey townhouses at 212 Mitchell Road, Alexandria. 2 The site was now part of the Sydney City Council area but the South Sydney statutes still apply. The application includes conditions for subdivision and amendments to the plans as in page 70 of Ms Ryan's Report in Exhibit 1. They were not contested and the applicant adopted them as part of the s 96 application. 3 The on site hearing was attended by, for the applicant: * Ms J Jago, barrister * Ms Warry, solicitor * Ms C Ryan, town planner from the council. 4 For the applicant: * Mr J L Burrell, solicitor * Mr M Curach, applicant and * Dr A Dobrovolsky, geochemist of Envirotech Australia Pty Ltd