Appwam Pty Ltd v Ashfield Council [2011] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Appwam Pty Ltd v Ashfield Council [2011] NSWLEC 1001 Hearing dates: 21 December 2010 Decision date: 05 January 2011 Jurisdiction: Class 1 Before: Morris C Decision: 1.The applicant is to advise the Court by ecourt by 21 January 2011 whether it intends to amend the application to reflect this decision. If so, the applicant is to file and serve sketch plans which incorporate the changes by 28 January 2011. 2.Agreed conditions, in RTF format, reflecting the amendments are to be filed by ecourt by 1 February 2011. 3.Liberty to relist the matter on two days notice. Catchwords: DEVELOPMENT APPLICATION - DEVELOPMENT STANDARDS: Bulk, height and scale; Impact on adjacent residential area; Use of road for private purpose. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning & Assessment Regulation 2000 State Environmental Planning Policy No. 1 Roads Act 1993. Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No4) [2009] NSWLEC226; Hutchison 3G Australia Pty Ltd v Waverley Council [2002] NSWLEC151; Galandon Pty Ltd v Narrabri Shire Council (1983) 51 LGRA 5 Category: Principal judgment Parties: Mr A Pickles (Applicant) Mr P Jackson (Respondent) Representation: Mr G Cerin (Applicant) Pikes Lawyers (Respondent) File Number(s): 10432 of 2010