Multicraft Developments Pty Limited (Previously Tso Simon) v Holroyd City Council [2009] NSWLEC 1186

Land and Environment Court of New South Wales

CITATION : Multicraft Developments Pty Limited (Previously Tso Simon) v Holroyd City Council [2009] NSWLEC 1186 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Multicraft Developments Pty Limited (Previously Tso Simon) PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 10456 of 2008

CORAM: Moore SC - Taylor C

KEY ISSUES: DEVELOPMENT APPLICATION :-

DATES OF HEARING: 27 April 2009

EX TEMPORE JUDGMENT DATE : 27 April 2009

APPLICANT Ms S Duggan, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: Conomos Legal

RESPONDENT Mr R Graham, solicitor HWL Ebsworth

JUDGMENT: LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC TAYLOR C

27 APRIL 2009

08/10456 Multicraft Developments Pty Limited (Previously Tso Simon) v Holroyd City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1. SENIOR COMMISSIONER : Having considered the Chief Judge's decision, the remitter to us and the two amendments to the conditions, namely, the deletion of the landscaping bond and the inclusion of a condition requiring consolidation of the lots prior to the issue of an occupation certificate, we have concluded that we have no basis in the development control lan or the master plan upon which we could refuse the application. Therefore, we will give effect to the consent orders between the parties.