NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dreadnought Trading Pty Ltd v Leichhardt Municipal Council [2006] NSWLEC 479
APPLICANT Dreadnought Trading Pty Ltd PARTIES : RESPONDENT Leichhardt Municipal Council
FILE NUMBER(S) : 10319 of 2006
CORAM: Murrell C
KEY ISSUES: Appeal :- Development application, car parking restriction, access driveways, narrowness of street, lack of on-street parking, amenity of the area, equity between properties
LEGISLATION CITED: Environmental Planning and Assessment Act Development Control Plan No. 21
DATES OF HEARING: 01/08/2006
EX TEMPORE JUDGMENT DATE : 08/01/2006
APPLICANT Ms S Jellie, solicitor SOLICITORS
LEGAL REPRESENTATIVES:
RESPONDENT Ms J Walsh, solicitor SOLICITORS Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
1 August 2006
10319 of 2006 Dreadnought Trading Pty Ltd v Leichhardt Municipal Council
JUDGMENT
1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act (the Act). The council approved a development for four dwelling units on the property known as 19A Wharf Road, Birchgrove, in November 2004.
2 A s 96 application was submitted to council in September 2005 for a number of matters including the widening of the access driveway to the property. The council determined the modification on 14 February 2006 and approved a number of amendments to the plans. However, the issue of widening of the driveway was not approved by the council.
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