Grover Pty Ltd v Canterbury City Council [2005] NSWLEC 213

Land and Environment Court of New South Wales

CITATION : Grover Pty Ltd v Canterbury City Council [2005] NSWLEC 213

APPLICANT Grover Pty Ltd

PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 10616 of 2004

CORAM: Murrell C

KEY ISSUES: Development Application :- Demolition of an existing house and erection of two attached dwellings

LEGISLATION CITED: Canterbury Local Environmental Plan

DATES OF HEARING: 23/08/2004, 16/09/2004 and 17/03/2005 EX TEMPORE JUDGMENT DATE : 03/17/2005

APPLICANT No appearance

RESPONDENT LEGAL REPRESENTATIVES: Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

17 March 2005

10616 of 2004 Grover Pty Ltd v Canterbury City Council

JUDGMENT

1 For the record this is an extempore judgment. This matter has come before me this morning as a part heard matter. This matter first came before me in August 2004. The Court heard evidence, conducted a site inspection and the Court then received advice from the respondent that the draft Local Environmental Plan had been forwarded to the Minister for making, the Minister had declined to make such a plan and as such the Court considered it appropriate in the circumstances of the case at the time on 16 September 2004 to re-open the case to allow the applicant the opportunity of submitting an amended plan.