NSW Caselaw
Land and Environment Court of New South Wales
CITATION : 8 Magill Street Pty Limited v Randwick City Council [2009] NSWLEC 1138 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT 8 Magill Street Pty Limited PARTIES : RESPONDENT Randwick City Council
FILE NUMBER(S) : 11052 of 2008
CORAM: Hoffman C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolish wall built on top of council retaining wall, not built as approved, existing council wall encroaches on subject property, existing council wall trip hazard on public footpath, structural stability, streetscape if new wall demolished, public risk, ownership of wall.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Building Code of Australia Randwick Local Environmental Plan 1998
DATES OF HEARING: 19/02/2009
EX TEMPORE JUDGMENT DATE : 19 February 2009
APPLICANT Mr I. Hemmings, barrister Instructed by Hones La Hood LEGAL REPRESENTATIVES:
RESPONDENT Mr C. McFadzean, solicitor of Shaw, Reynolds Bowen & Gerathy
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
19 February 2009
11052 of 2008 8 Magill Street Pty Limited v Randwick Council
JUDGMENT 1 This is appeal 11052 of 2008 between 8 Magill Street Pty Limited and Randwick Council in regard to an order to demolish rear and side masonry walls at 8 and 8A Magill Street, Randwick.
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