Drawtech Group Pty Limited v Rockdale City Council [2007] NSWLEC 835

Land and Environment Court of New South Wales

CITATION : Drawtech Group Pty Limited v Rockdale City Council [2007] NSWLEC 835

APPLICANT Drawtech Group Pty Limited PARTIES : ROCKDALE Rockdale City Council

FILE NUMBER(S) : 10124 of 2006

CORAM: Bly C

KEY ISSUES: Section 96 Application :- consent orders, villa development, deferred commencement and alter conditions, car parking.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 12/12/2007

EX TEMPORE JUDGMENT DATE : 12 December 2007

APPLICANT Mr J Doyle, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr M Reilly, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 December 2007

10124 of 2006 Drawtech Group Pty Limited v Rockdale City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 3 July 2006, I heard and determined an appeal in relation to the construction of a villa development in Solander Street, Monterey. Orders were issued by consent, granting development consent subject to a number of conditions including deferred commencement conditions. The applicant has now lodged with the council an application pursuant to s 96AA of the Environmental Planning and Assessment Act 1979 to modify that consent.

2 There are three elements to that application. The first is to insert a new condition 2A to read: Visitor parking spaces for the development and Strata Plan 65404 together be provided in accordance with the landscape plan prepared by TGS Landscape Architects dated 1 November 2007, drawing number 2007.1004 CC1-1 issue D. 3 The landscape plan referred to in the proposed condition 2A is Exhibit A.