NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Powell v City of Sydney Council [2012] NSWLEC 1212 Hearing dates: 30 July and 2 August 2012 Decision date: 02 August 2012 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is dismissed. (2)The exhibits are returned upon written publication of this judgment. Catchwords: DEVELOPMENT CONSENT - modification of a residential flat building - enclosure of part of the terrace of unit 1 for use as a lounge room - JURISDICTION - is the development after modification substantially the same development as originally approved before modification (if any) Legislation Cited: Environmental Planning and Assessment Act 1979 South Sydney Local Environmental Plan 1988 Draft Sydney Local Environmental Plan 2011 South Sydney Development Control Plan 1997 - Urban Design Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Moto Projects (No 2) Pty Ltd v North Sydney Council [1999] NSWLEC 280 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 (24 February 1992) Category: Principal judgment Parties: Reginald and Jillian Powell (Applicants)
City of Sydney Council (Respondent) Representation: Counsel Dr S Berveling (Applicant)
Ms A Pearman (Respondent) Solicitors Shaw Reynolds Bowen and Gerathy Lawyers (Applicant)
Sydney City Council (Respondent) File Number(s): 10431 of 2012
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