NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Porta v Sydney City Council [2009] NSWLEC 1116
APPLICANT Betty Della Porta PARTIES : RESPONDENT Sydney City Council
FILE NUMBER(S) : 11336 of 2008
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT CONSENT :- refusal of an application to modify development consent
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan Sydney City Heritage Development Control Plan 2006
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 03/03/2009
EX TEMPORE JUDGMENT DATE : 3 March 2009
APPLICANT Ms S. Hill, solicitor of Susan Hill & Associates Lawyers Pty Ltd LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Hawkes, solicitor of Sydney City Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
3 March 2009
11336 of 2008 Betty Della Porta v Sydney City Council
JUDGMENT 1 This is an appeal under section 96(6) of the Environmental Planning and Assessment Act, against the City of Sydney Council's refusal of an application to modify a development consent.
2 By way of background, the council granted approval for alterations and additions to the existing dwelling at No. 3 Bellevue Street, Surry Hills. The subject building is within a terrace row that is one of four in the row. The dwelling has pedestrian rear access to Albion Way via a shared easement.
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