Maher v Strathfield Municipal Council [2008] NSWLEC 1445

Land and Environment Court of New South Wales

CITATION : Maher v Strathfield Municipal Council [2008] NSWLEC 1445

APPLICANT Damian Maher PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 11339 of 2007

CORAM: Moore C

KEY ISSUES: Development Application - Development Control Plan :-

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Strathfield Planning Scheme Ordinance 1969 Draft Strathfield Local Environmental Plan 2003

CASES CITED: Zhang v Canterbury City Council(2001) 115 LGERA 373

DATES OF HEARING: 21 May 2008

EX TEMPORE JUDGMENT DATE : 21 May 2008

APPLICANT Mr C Gough, solicitor Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

21 May 2008

11339 of 2007 Damian Maher v Strathfield Municipal Council

JUDGMENT

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 granting of a development consent subject to conditions. These 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 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/ 1 COMMISSIONER : The block of Pemberton Street, Strathfield, immediately to the south of Arthur Street, is one with a range of dwellings of varying ages (from the comparatively new to a two-storey dwelling on the western side towards the southern end that appeared to be of almost Victorian era in age).