Bathla Constructions Pty Limited v Holroyd City Council [2007] NSWLEC 572

Land and Environment Court of New South Wales

CITATION : Bathla Constructions Pty Limited v Holroyd City Council [2007] NSWLEC 572

APPLICANT Bathla Constructions Pty Limited PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 10552 of 2007

CORAM: Hussey C

KEY ISSUES: Section 96 Application :- Mixed use development, roof top terrace to be used as an enclosed barbeque area, loss of privacy, overlooking and noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 30/08/2007

EX TEMPORE JUDGMENT DATE : 30 August 2007

APPLICANT Mr C Gough, solicitor of Storey & Gough LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Graham, solicitor of Home Wilkinson Lowry Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

30 August 2007

10552 of 2007 Bathla Constructions Pty Limited v Holroyd City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 The matter concerns an appeal against council's refusal of a s 96 modification application to a mixed use development comprising ground floor level shops and shop top housing on the property located at 17 Beresford Road Greystanes.

2 Council's development consent originally allowed for the demolition of the existing structures on the site and the erection of a 3-storey mixed commercial residential building which contains 4 ground level commercial premises and 5 residential units above. Part of that consent included a rooftop terrace, for which there are no conditions or restrictions on its usage.