Clark & Anor v Gosford City Council [2010] NSWLEC 1218

Land and Environment Court of New South Wales

CITATION : Clark & Anor v Gosford City Council [2010] NSWLEC 1218

APPLICANT Clark & Anor PARTIES : RESPONDENT Gosford City Council

FILE NUMBER(S) : 10313 of 2010

CORAM: Murrell C

KEY ISSUES: APPEAL :- Appeal against Order under s.121B of the Environment Planning and Assessment Act 1979 Consent Orders

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 25 June 2010

EX TEMPORE JUDGMENT DATE : 25 June 2010

APPLICANT Mr S Tipple (solicitor) SOLICITOR Brennan Tipple Partners LEGAL REPRESENTATIVES: RESPONDENT Mr M Everingham (solicitor) SOLICITOR Gosford City Council

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

25 June 2010

10313 of 2010 Clark & Anor v Gosford City Council This determination was given extemporaneously and has been edited prior to publication JUDGMENT 1 This matter has come before me today as Consent Orders. The applicant had appealed against an Order under s 121B of the Environmental Planning and Assessment Act 1979 issued by Gosford City Council. 2 The applicant has agreed to certain works and the council is satisfied and has no outstanding issues. As such, the parties have agreed to enter into Consent Orders. 3 By way of background the terms of the Order issued state: On 17th day of January 2000 Gosford City Council granted an approval ("the development consent') to Development Application numbered 6352 of 1999 pursuant to Part IV of the Environmental Planning and Assessment Act 1979 for a "proposed multi level dwelling house and freestanding caravan port" subject to conditions of the development consent.