Kushe v City of Sydney Council [2009] NSWLEC 1403

Land and Environment Court of New South Wales

CITATION : Kushe v City of Sydney Council [2009] NSWLEC 1403

APPLICANT Samuel Kushe PARTIES : RESPONDENT City of Sydney Council

FILE NUMBER(S) : 10417 of 2009

CORAM: Bly C

KEY ISSUES: SECTION 121B ORDER :- modification to boundary fence, unauthorised building works.

Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1998 LEGISLATION CITED: South Sydney Development Control Plan 1999 City of Sydney Heritage Development Control Plan 2006 South Sydney Development Control Plan 1997

DATES OF HEARING: 25 and 26 August 2009

EX TEMPORE JUDGMENT DATE : 26 August 2009

APPLICANT Mr S Kushe (litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT Mr M Fozzard (solicitor) City of Sydney Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

26 August 2009

10417 of 2009 Samuel Kushe v City of Sydney Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 7 March 2006, development consent was granted in relation to the property at 9 McDonald Street, Potts Point, for the replacement of an existing timber boundary fence with a rendered masonry fence, a covered car space and garage door. These works have now been largely completed, including a 2.2 metre high wall along part of the property's side boundary to McDonald Lane.