Mardini v Council of the City of Sydney [2007] NSWLEC 266

Land and Environment Court of New South Wales

CITATION : Mardini v Council of the City of Sydney [2007] NSWLEC 266

APPLICANT Janine Maree Mardini PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 10114 of 2007

CORAM: Moore C

KEY ISSUES: Building Certificate :-

CASES CITED: Ireland v CessnockCity Council (1999) 110 LGERA 311

DATES OF HEARING: 24 April 2007

EX TEMPORE JUDGMENT DATE : 24 April 2007

APPLICANT Mr N Bilinsky, solicitor Kemp Strang LEGAL REPRESENTATIVES: RESPONDENT Ms P Whitford, solicitor Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

24 April 2007

10114 of 2007 Janine Maree Mardini v Council of the City of Sydney

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 grant of a building certificate 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 and the conditions 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 and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/

JUDGMENT 1 COMMISSIONER: The matters that come before me this morning are what purports to be an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) in Matter No 10945 of 2006, being an appeal by Ms Janine Mardini concerning a property at 27 Harold Street, Newtown (the premises). This appeal purports to be against the refusal, by the Council of the City of Sydney (the Council), of Development Application D/2006/837.