Raymond v Woollahra Municipal Council [2007] NSWLEC 116

Land and Environment Court of New South Wales

CITATION : Raymond v Woollahra Municipal Council [2007] NSWLEC 116

APPLICANT Ben Raymond PARTIES : RESPONDENT Woollahra Municipal Council

FILE NUMBER(S) : 11118 of 2006

CORAM: Moore C

Development Consent :- KEY ISSUES: Modification application Works constructed contrary to Court decision .

Raymond and Kennedy v Woollahra Municipal Council (2004) NSWLEC 286; Kennedy and Ors v Woollahra Municipal Council (2005) NSWLEC 12; CASES CITED: Super Studio and Waverley (2004) NSWLEC 91; 1643 Pittwater Road Pty Limited v Pittwater Council (2004) NSWLEC 685; Segal v Waverley Council (2005) 64 NSWLR 177

DATES OF HEARING: 22 February 2007

EX TEMPORE JUDGMENT DATE : 22 February 2007

APPLICANT Applicant in person LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor Home Wilkinson & Lowry

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

22 February 2007

11118 of 2006 Ben Raymond v Woollahra Municipal Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an appeal pursuant to s 96 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal by Woollahra COuncil (the Council) of a modification application seeking approval for a number of changes to the design of a building that was approved to be erected at 42 Bundarra Road, Bellevue Hill (the site).