Hassib Najjar v Hornsby Shire Council (No. 2) [2004] NSWLEC 314

Land and Environment Court of New South Wales

CITATION : Hassib Najjar v Hornsby Shire Council (No. 2) [2004] NSWLEC 314 APPLICANT Hassib Najjar PARTIES : RESPONDENT Hornsby Shire Council FILE NUMBER(S) : 11558 of 2003 CORAM: Brown C KEY ISSUES: Development Application :- Class1 application costs LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules (Amendment No 8) 2003 CASES CITED: DATES OF HEARING: Written submissions by 29/04/04 DATE OF JUDGMENT: 06/25/2004

APPLICANT In person

RESPONDENT LEGAL REPRESENTATIVES: Mr I Woodward, solicitor SOLICITORS Hornsby Shire Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11558 of 2003 Brown C 25 June 2003 Hassib Najjar Applicant

v Hornsby Shire Council Respondent Judgment

Background 1 . This is an application for costs in relation to an appeal against the refusal by Hornsby Shire Council to issue an Occupation Certificate and to consent to alterations and additions to the dwelling house at 15A Morgan Street, Thornleigh. The modifications sought in the application have been constructed but were not in accordance with the plans approved by the council. The council also seeks an order for costs for the costs hearing.

2 . The appeal was heard as an On Site Hearing on 19 February 2004. Findings on the On Site Hearing were published on 4 March 2004. Further mentions took place on 23 March, 1 April and 7 April 2004.