McGowan v Leichhardt Council [2008] NSWLEC 60

Land and Environment Court of New South Wales

CITATION : McGowan v Leichhardt Council [2008] NSWLEC 60

APPLICANT Robert Bruce McGowan PARTIES : RESPONDENT Leichhardt Council

FILE NUMBER(S) : 10978 of 2007

CORAM: Moore C

KEY ISSUES: Development Consent :- Modification application

CASES CITED: Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 Jones v Dunkel (1959) 101 CLR 298

EX TEMPORE JUDGMENT DATE : 14 January 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Ms R McCulloch, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

14 January 2008

10978 of 2007 Robert Bruce McGowan v Leichhardt Council

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 the conditions of a development consent. These modified 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 modified 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: This is an application pursuant to s 96 of the Environmental Planning and Assessment Act 1979 (the Act) concerning a development application for alterations and additions to a property known as 6 Waterview Street, Balmain (the site). On 26 November 2007, I attended the site with the applicant (who appears in person) and with Ms McCulloch, solicitor for Leichhardt Council (the Council) and those advising and instructing her.