Walsh and Anor v Holroyd City Council [2009] NSWLEC 1271

Land and Environment Court of New South Wales

CITATION : Walsh and Anor v Holroyd City Council [2009] NSWLEC 1271

APPLICANT William Walsh and Lyn Walsh PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 11123 of 2008

CORAM: Murrell C

KEY ISSUES: DEVELOPMENT APPLICATION :- Mixed use development containing commercial and residential and basement car park; overshadowing and impact on adjoining properties.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 26 May 2009

EX TEMPORE JUDGMENT DATE : 26 May 2009

APPLICANT Mr D Collett (Agent) Mr W Walsh (Litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT Ms P Hudson (solicitor) SOLICITOR Marsdens Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

26 May 2009

11123 of 2008 William Walsh and Lyn Walsh v Holroyd City Council This determination was given extemporaneously and has been edited prior to publication

JUDGMENT 1 The applicant in these proceedings is seeking to construct a four-storey building, a mixed use development containing commercial on the ground floor and residential above with basement car parking and the address of the property is 15-17 Lane Street, Wentworthville.

2 The council and the applicant have agreed to enter into consent orders and as such have provided the Court with the consent orders and the conditions of consent. The conditions of consent contain a deferred commencement condition for amended plans and the details of a number of matters such as the on-site detention pump-out systems, landscape plan, disabled access, waste services and minor matters that council is of the opinion can be dealt with by way of amended plans which are the subject of deferred commencement consent contained within the consent orders handed up today.