NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sekendek v Leichhardt Council [2007] NSWLEC 711
APPLICANT Douglas Sekendek PARTIES : RESPONDENT Leichhardt Council
FILE NUMBER(S) : 10829 of 2007 and 10830 of 2007
CORAM: Tuor C
Development Consent - Section 96 Modification :- works constructed without approval KEY ISSUES: order issued by Council landscape area and floor space ratio, car access and impact on streetscape and conservation area
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Leichhardt Local Environmental Plan 2000
DATES OF HEARING: 17/10/2007
EX TEMPORE JUDGMENT DATE : 17 October 2007
APPLICANT Mr S. Klinger, solicitor
LEGAL REPRESENTATIVES:
RESPONDENT Ms R. McCulloch, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
17 October 2007
10829 of 2007 Douglas Sekendek v Leichhardt Council 10830 of 2007
JUDGMENT 1 Appeal No. 10829 of 2007 is against the refusal by Leichhardt Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (the Act) to modify development consent No. D/2001/320 for the demolition of an existing house and construction of a new dwelling (the development consent) at 9 Hanover Street, Rozelle (the site). 2 The s 96 application seeks approval for works that have been constructed without approval that are inconsistent with the development consent.
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