Walker & Walkden v Leichhardt Municipal Council [2004] NSWLEC 406

Land and Environment Court of New South Wales

CITATION : Walker & Walkden v Leichhardt Municipal Council [2004] NSWLEC 406 FIRST APPLICANT A Walker

SECOND APPLICANT PARTIES : J Walkden

RESPONDENT Leichhardt Municipal Council . FILE NUMBER(S) : 10502 of 2004 CORAM: Moore C KEY ISSUES: Appeal :- Enforcement of Order to demolish unapproved structure LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 26 July 2004 EX TEMPORE 07/26/2004 JUDGMENT DATE :

Second Applicant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms A Sowden, solicitor Leichhardt Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

26 July 2004

04/10502 A Walker & J Walkden v Leichhardt Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal by Ms J Walkden against an order of Leichhardt Municipal Council (the council) requiring the demolition of a privacy screen or safety fence between properties known as 192 and 192A Short Street at Birchgrove. The appeal by her neighbour was not being pursued as a result of a change in ownership.

2 The offending structure is located between the roof terraces at the third level of the two properties and is on the southeast of the site.

3 I have had tendered to me in these proceedings a copy of the approved development consent plans for the erection of the two new dwellings located on the site - that being Development Consent 999 of 2000.