Helou v Strathfield Municipal Council [2006] NSWLEC 66

Reported Decision : 144 LGERA 322

Land and Environment Court of New South Wales

CITATION : Helou v Strathfield Municipal Council [2006] NSWLEC 66

APPLICANTS S & F Helou PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 10538 of 2005

CORAM: Moore C

Development Application :- KEY ISSUES: Heritage conservation area Planning Principle: Demolition of contributory item

LEGISLATION CITED: Strathfield Planning Scheme Ordinance

Harbour Port Construction Pty Limited v Woollahra Municipal Council [2004] NSWLEC 283; CASES CITED: Atchison v Leichhardt Municipal Council [2005] NSWLEC 648; In and Out Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 299; Owen Haviland Pty Limited v Willoughby City Council [2004] NSWLEC 265

DATES OF HEARING: 7 November and 14 December 2005

DATE OF JUDGMENT: 03/03/2006

APPLICANTS Mr K Webber, solicitor Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

3 March 2006

05/10538 S & F Helou v Strathfield Municipal Council

JUDGMENT 1 Commissioner: This is an appeal of pursuant to s 97 of the Environmental Planning And Assessment Act 1979 (the Act) against the deemed refusal by Strathfield Municipal Council (the council) of Development Application 0304/439. The application sought the consent of the council to demolish an existing single storey dwelling together with the removal of a number of trees at 79 Abbotsford Road, Strathfield (the site). The application also sought consent to replace the existing dwelling with a new two storey rendered brick dwelling with three car garage.