Auciello E v Kogarah M C [2004] NSWLEC 153

Land and Environment Court of New South Wales

CITATION : Auciello E v Kogarah M C [2004] NSWLEC 153 PARTIES : Auciello E v Kogarah Municipal Council FILE NUMBER(S) : 11242 of 2003 CORAM: Hussey C KEY ISSUES: Development Consent :- s96 modification LEGISLATION CITED: CASES CITED: DATES OF HEARING: 2 / 4 / 2004 DATE OF JUDGMENT: 04/02/2004

APPLICANT Mrs J Kelly, Barrister

Mr Jacovou, Solicitor Jacovou & Company LEGAL REPRESENTATIVES:

RESPONDENT Mrs L Finn, solicitor

Abbot Tout

JUDGMENT:

In the Land and Environment Court of New South Wales

No. 11242 of 2003

Auciello E

Applicant

Kogarah M C

Respondent

Order

The Court orders that:

1. The appeal is upheld. 2. Development consent granted to DA 533/98 on 11 March 1999 is modified by adding the following conditions: Condition 41 (a) The lift is to be constructed in accordance with the attached plans numbered 1, 2, 3 and 4, Revision D dated 25 March 2004. (b) Structural work relating to the lift construction is to be carried out in accordance with design and details prepared by a practising structural engineer. (c) The lift-well height is not to exceed RL 51.61 as shown on the approved plans.

Ordered: 2 / 4 /2004

By the Court

Susan Dixon Registrar nm

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