NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nasser v Hurstville City Council [2007] NSWLEC 122
APPLICANT Sam Nasser PARTIES : RESPONDENT Hurstville City Council
FILE NUMBER(S) : 11060 of 2006
CORAM: Tuor C
Building Certificate :- works carried out without consent KEY ISSUES: whether boatshed capable of use for residential purpose impact on forshore
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: County of Cumberland Scheme 1951 Hurstville Local Environmental Plan 1994
CASES CITED: Taipan Holdings Pty Limited v Sutherland Shire Council (1999) NSWLEC 276 ; Hornsby Shire Council v Monk [2001] NSWLEC 248
DATES OF HEARING: 27/02/2007
EX TEMPORE JUDGMENT DATE : 1 March 2007
APPLICANT Mr R. O'Gorman-Hughes, barrister
LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Rigg, solicitor of Deacons
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
1 March 2007
11060 of 2006 Sam Nasser v Hurstville City Council
JUDGMENT 1 This is an appeal against the deemed refusal by Hurstville City Council (the council) of an application for a building certificate under s 149B of the Environmental Planning and Assessment Act 1979 (the Act) for work undertaken without consent at 68 Llewellyn Street, Oatley (the site). 2 Council approved a development application (2000/0689) for demolition of the existing house and erection of an attached dual occupancy on 1 November 2000. The development has been carried out generally in accordance with this consent.
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