Moodley T v Botany Bay City Council [2004] NSWLEC 190

Land and Environment Court of New South Wales

CITATION : Moodley T v Botany Bay City Council [2004] NSWLEC 190 APPLICANT Moodley T PARTIES : RESPONDENT Botany Bay City Council FILE NUMBER(S) : 11438 and 11440 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Section 96 modification - conditions LEGISLATION CITED: Land and Environment Court Act 1976 CASES CITED: DATES OF HEARING: 18/02/2004 EX TEMPORE 03/04/2004 JUDGMENT DATE :

APPLICANT Mr T Moodley

LEGAL REPRESENTATIVES: RESPONDENT Mr T O'Connor, solicitor SOLICITORS Houston Dearn O'Connor

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11438 and 11440 of 2003 Hussey C 4 March 2004 Thesigan Moodley Applicant v Botany Bay City Council Respondent Judgment

1. This matter involves the following two appeals, which were lodged on the basis of the refusals of development applications at 6 Ivy Street, Botany: 1) Appeal 11438/03; s 96 modification to an approved two-storey dwelling, and 2) Appeal 11440/03; development application for the demolition of an existing dwelling and construction of a new dwelling.

2. However, the matters were dealt with by council and conditional consents granted. The parties subsequently agreed that the appeals relate to the conditions of the consent.

3. Furthermore, the parties agreed that the matter be determined by way of a binding s 34 conference.