Smith v Wyong Shire Council [2007] NSWLEC 637

Land and Environment Court of New South Wales

CITATION : Smith v Wyong Shire Council [2007] NSWLEC 637

APPLICANT Darcy Peter Smith PARTIES : RESPONDENT Wyong Shire Council

FILE NUMBER(S) : 10852 of 2007

CORAM: Brown C

KEY ISSUES: Appeal :- modification of a development application granted by the council in September 2004 for a residential flat building

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Sharp v Hunters Hill Council [2002] 120 LGERA 155

DATES OF HEARING: 12/09/2007

EX TEMPORE JUDGMENT DATE : 12 September 2007

APPLICANT Mr R. O'Gorman-Hughes, barrister SOLICITORS Law and Planning LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Cole, solicitor SOLICITORS Home Wilkinson Lowry Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

12 September 2007

10852 of 2007 Darcy Peter Smith v Wyong Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal of an application for the modification of a development consent granted by the council in September 2004 for a residential flat building comprising 217 units at 30 - 36 Toowoon Bay Road, 17A - 21 Kitchener Road and 11 Centennial Avenue, Long Jetty.

2 The modification application seeks the deletion of condition 5. This condition states: 5. A Construction Certificate is to be issued by the Certifying Authority prior to the commencement of any works including the basement car park. The application for this certificate is to satisfy all of the requirements of the Environmental Planning and Assessment Regulations.