Leduva Pty Ltd v Council of the City of Sydney [2008] NSWLEC 1466

Land and Environment Court of New South Wales

CITATION : Leduva Pty Ltd v Council of the City of Sydney [2008] NSWLEC 1466

APPLICANT Leduva Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10757 of 2007; 10076 of 2008

CORAM: Moore C

KEY ISSUES: Appeal - Development Consent - Modification Application :- Order to cease use

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685

DATES OF HEARING: 11 April; 24 and 25 July; 29 August and 9 September 2008

EX TEMPORE JUDGMENT DATE : 9 September 2008

APPLICANT Mr J Johnson, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Sachs Gerace Lawyers

RESPONDENT Ms L Byrne, solicitor City Prosecutor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

9 September 2008

10757 of 2007; 10076 of 2008 Leduva Pty Ltd v Council of the City of Sydney

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the modification of an existing development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONER: 6 to 8 Woodburn Street, Redfern is a site in close proximity to the main Sydney railway corridor between Central and Redfern Stations. It is on the western side of Woodburn Street and only marginally separated from the rail transport corridor.