Monaghan v Holroyd City Council [2008] NSWLEC 1353

Land and Environment Court of New South Wales

CITATION : Monaghan v Holroyd City Council [2008] NSWLEC 1353

APPLICANT Peter Francis Monaghan PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 11315 of 2007 and 11316 of 2007

CORAM: Hoffman C

KEY ISSUES: Appeal :- non-compliance with Conditions of Consent, Orders under s121(B), streetscape, landscaped area, driveway access, private open space, non-compliance with development controls.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Holroyd Local Environmental Plan 1991 Holroyd Development Control Plan 2007

DATES OF HEARING: 17/07/2008

DATE OF JUDGMENT: 29 August 2008

APPLICANT Mr M. Turnbull, solicitor of Mark Turnbull & Co. LEGAL REPRESENTATIVES:

RESPONDENT Mr G. McKee, solicitor of McKees Legal Solutions.

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

29 August 2008

11315 of 2007 Peter Francis Monaghan v Holroyd City 11316 of 2007 Council

JUDGMENT 1 These appeals were heard in conjunction with Appeals 10574 and 10575 of 2008 between Peter Francis Monaghan v Holroyd City Council in regard to two properties at No. 192 and 194 Girraween Avenue, Greystanes.

2 Appeals 10574 and 10575 were in regard to refusal by council of two s 96 applications in respect of the above properties for changes to landscaping and paving within the front setbacks. The subject appeals in this judgment Nos. 11315 and 11316 of 2007 are in regard to orders issued by the council in respect to each property. The orders are the same in each case mainly: "To comply with development consent and remove all fill, retaining and concrete works which are not in accordance with the approved plans. In this regard the approved plans show only a double width concrete driveway from the front boundary widening to a double garage and a new dwelling. No additional filling retaining and concrete works are shown to the front or side access areas." 3 Appeal 11315 relates to No. 194 Girraween Road and development consent 2005/562. Appeal 11316 relates to No. 192 Girraween Road and development consent 2005/561. The orders under s 121(B) were issued on the 30 November 2007. Arising out of those orders the applicant filed the s 96 amendment applications which had been subsequently refused.