Trajcevski and Anor v Hurstville City Council [2007] NSWLEC 360

Land and Environment Court of New South Wales

CITATION : Trajcevski and Anor v Hurstville City Council [2007] NSWLEC 360

APPLICANT Zvonco Trajcevski and Violetta Trajcevski PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 11113 OF 2006 and 10309 of 2007

CORAM: Hoffman C

KEY ISSUES: Section 121B Order - Section 96 Application :- remove unauthorised works, application to amend existing development consent, landscaped area, absorption area, overland water flow path, boundary retaining walls, height and materials of side fence, front fence and planter troughs, terraced decks, overlooking and drive ramp to rear yard.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hurstville Local Environmental Plan Hurstville Single Dwelling House Code Dividing Fences Act

DATES OF HEARING: 24/05/2007 and 25/05/2007

EX TEMPORE JUDGMENT DATE : 25 May 2007

APPLICANT Mr J. Burrell, solicitor of Burrell Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Hewitt, solicitor of Home wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

25 May 2007

10309 of 2007 Zvonco Trajcevski and Violetta Trajcevski 11113 of 2006 v Hurstville City Council

JUDGMENT 1 This is two appeals heard concurrently. Appeal No. 11113 of 2006 is between Zvonco and Violetta Trajcevski v Hurstville City Council regarding a s 121B order under the Environmental Planning and Assessment Act 1979 to remove unauthorised works at No 5 Baltimore Road, Hurstville. The property contains a new two-storey house above a garage.