Stateland Group v Ashfield Council [No 2] [2005] NSWLEC 703

Land and Environment Court of New South Wales

CITATION : Stateland Group v Ashfield Council [No 2] [2005] NSWLEC 703

Applicant: Stateland Group Pty Ltd PARTIES : Respondent: Ashfield Municipal Council

FILE NUMBER(S) : 11345 of 2004

CORAM: Roseth SC - Tuor C

KEY ISSUES: Development Application :- solar access

DATES OF HEARING: 06/12/2005

DATE OF JUDGMENT: 12/13/2005

Applicant: Mr G McKee, solicitor of McKees Legal Solutions LEGAL REPRESENTATIVES: Respondent: Mr P Jackson, solicitor of Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Tuor C

13 December 2005

11345 of 2004 Stateland Group Pty Ltd v Ashfield Municipal Council [No 2]

JUDGMENT

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Commissioners: On 16 August 2005 we published a judgment in an appeal against the refusal by Ashfield Municipal Council (the council) to alter and convert an existing office building and erect a new residential flat building on lot 1 DP 991435, known as 164-174 Liverpool Road, Ashfield. In that judgment we gave our decision on the issues between the parties and directed the applicant to file amended drawings that were to be exhibited and assessed by the Court-appointed expert, Mr D. Chesterman, an architect and urban designer. The applicant was to pay for the additional costs of litigation arising after 16 August 2005. 2 Understanding this judgment requires its being read together with the judgment of 16 August 2005.