Kushe v City of Sydney Council [2007] NSWLEC 311

Land and Environment Court of New South Wales

CITATION : Kushe v City of Sydney Council [2007] NSWLEC 311

APPLICANT Samuel Kushe PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10146 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- s 96 to delete condition from consent, tree, conflict with utility services, small yard, conservation area, streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan (1998) South Sydney Development Control Plan (1997) Urban Design and the City of Sydney Heritage Development Control Plan (2006)

DATES OF HEARING: 21/05/2007

EX TEMPORE JUDGMENT DATE : 21 May 2007

APPLICANT Mr S. Kushe, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Kondilios, solicitor of Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

K G Hoffman

21 May 2007

10146 of 2007 Samuel Kushe v City of Sydney Council

JUDGMENT 1 This is a s 96 appeal against a condition of consent in Development Application No D/2005/1910 at No 9 McDonald Street, Potts Point. The consent was granted on 7 March 2006, for the erection of a carport off McDonald Lane at the rear of the property. The consent included approval for new masonry boundary walls to the rear yard and on the plans was shown a tree to be planted in part of the rear yard. The planting of this tree was made a condition of consent. The applicant seeks to delete that condition.