Michael Stuart Architects P/L v Woollahra MC [2005] NSWLEC 732

Land and Environment Court of New South Wales

CITATION : Michael Stuart Architects P/L v Woollahra MC [2005] NSWLEC 732

APPLICANT Michael Stuart Architects Pty Limited

PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 10630 of 2005

CORAM: Hussey C

Costs :- repair and alteration to a fence on a heritage listed property KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Rules 1996 Development control Plan and Fencing Code

Gee v Port Stephens Council [2003]; CASES CITED: Aldi v Holroyd City Council [2005] NSWLEC 338

DATES OF HEARING: 9/11/2005 EX TEMPORE JUDGMENT DATE : 12/06/2005

APPLICANT Mr A. Abbott

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 December 2005

10630 of 2005 Michael Stuart Architects Pty Limited v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

COSTS JUDGMENT 1 This costs claim arises out of an appeal against the refusal of a development application for restorations and adaptation of a heritage listed front/side, sandstone boundary fence at 4 Sutherland Crescent, Darling Point.