City Plan Services Pty Ltd v Woollahra Council [2004] NSWLEC 73

Land and Environment Court of New South Wales

CITATION : City Plan Services Pty Ltd v Woollahra Council [2004] NSWLEC 73 APPLICANT City Plan Services Pty Ltd PARTIES : RESPOPNDENT Woollahra Council . FILE NUMBER(S) : 11210 of 2003 CORAM: Moore C Construction and Interpretation - Development Consent :- Modification of consent KEY ISSUES: Demolition and re-instatement Substantially the same development . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 . Vacik Pty Limited v Penrith City Council [1992] NSW LEC (unreported); CASES CITED: Thomas v Pittwater Council [2003] NSWLEC 19; Moto Projects No 2 Pty Limited v North Sydney Council [1999] 106 LGERA 298; . DATES OF HEARING: 1 March 2004 EX TEMPORE 03/02/2004 JUDGMENT DATE :

APPLICANT Mr P McEwen SC INSTRUCTED BY Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr M Connell, solicitor Michell Sillar

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11210 of 2003

Moore C

2 March 2004

City Plan Services Pty Ltd Applicant

v

Woollahra Council Respondent

Judgment

1. This is an appeal pursuant to s 96(6) of the Environmental Planning Assessment Act 1979 (the Act) against the refusal, by Woollahra Council (the council), on 29 July 2003 of an application pursuant to s96(2) to modify development consent for 417/2001 for works at 29A Manning Road, Double Bay (the site) which is described in the s 96(2) application as being Lot 1 DP 90176 and Lot 1 DP 302386.