Thesigan Moodley v Botany Bay City Council [2004] NSWLEC 59

Land and Environment Court of New South Wales

CITATION : Thesigan Moodley v Botany Bay City Council [2004] NSWLEC 59 APPLICANT Thesigan Moodley PARTIES : RESPONDENT Botany Bay City Council FILE NUMBER(S) : 11438 & 11440 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Modification to an approved two-storey dwelling - Demolition of an existing dwelling LEGISLATION CITED: CASES CITED: DATES OF HEARING: 16/12/2003 DATE OF JUDGMENT: 03/04/2004

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr D O'Connor SOLICITORS Houston Dearn OConnor

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.

4 . In respect of the first appeal, the principal concern is that appropriate easements and covenants are put in place at the first stage of development, which guarantees satisfactory pedestrian and vehicle access to the proposed new dwelling on the rear lot.