NSW Caselaw
Land and Environment Court of New South Wales
CITATION : O'Keefe & Ors v Leichhardt Municipal Council [2010] NSWLEC 1370
APPLICANT Kel O'Keefe and Edna Koritschoner PARTIES : RESPONDENT Leichhardt Municipal Council
FILE NUMBER(S) : 10808 of 2010
CORAM: Dixon C
KEY ISSUES: APPEAL :- Modification of conditions of a development consent to allow the construction of a hardstand car park at the rear of the site; the widening of an elevated deck; and modified landscaping
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy no1-Development Standards LEGISLATION CITED: State Environmental Planning Policy no55 - Contaminated Land State Environmental Planning Policy (BASIX) 2004 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Leichhardt Local Environmental Plan 2000
DATES OF HEARING: 13 December 2010
EX TEMPORE JUDGMENT DATE : 13 December 2010
APPLICANT J Walsh Lawyer LEGAL REPRESENTATIVES: Pikes Lawyers RESPONDENT M L Taylor Lawyer Bartier Perry Lawyers
JUDGMENT:
1 The council has issued development consent (DA 2010/26), subject to conditions, for the construction of a new dwelling at 2A Ellen Street, Rozelle. This is a appeal pursuant to s 96 of the Environmental Planning and Assessment Act 1979, (the Act) to modify particular conditions of that consent, specifically:
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