Essicorp v Leichhardt Council [2005] NSWLEC 485

Land and Environment Court of New South Wales

CITATION : Essicorp v Leichhardt Council [2005] NSWLEC 485

Applicant: Essicorp Pty Ltd & Richard Mark Jones PARTIES : Respondent: Leichhardt Council

FILE NUMBER(S) : 10144 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Control Plan - Development Standards :-

DATES OF HEARING: 09/06/2005 and 27/06/2005

DATE OF JUDGMENT: 09/06/2005

Applicant: Mr P Clay, barrister instructed by Mr P Moloney of Moloney Lawyers

LEGAL REPRESENTATIVES:

Respondent: Mr G Green, solicitor of Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

6 September 2005

10144 of 2005 Essicorp Pty Ltd and Richard Mark Jones v Leichhardt Council

JUDGMENT The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1. Senior Commissioner : This is an appeal against the deemed refusal by Leichhardt Council (the council) of a development application relating to lot 48 DP 66910, known as 48 Evans Street, Rozelle. The application is to demolish the existing building, erect two semi-detached dwellings, construct two swimming pools, and subdivide the property under Strata title into two lots.