Habib v Kogarah City Council [2012] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Habib v Kogarah City Council [2012] NSWLEC 1240 Hearing dates: 2 August 2012 Decision date: 29 August 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Modification application no. 287/2011/2 for glass louvre bi-fold aluminium panels along the western elevation and return bays of the ground and first floor balconies and first floor bedroom 1 southern wall aligned with the southern elevation, is approved, subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 2 and 3, are returned. Catchwords: MODIFICATION: application to modify consent to delete a condition, glass louvre system for sun-shading and amendment to the first floor. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Joseph Habib (Applicant) Kogarah City Council (Respondent) Representation: Mr M. Staunton (Barrister) (Applicant) Mr A. Hudson (Solicitor) (Respondent) Solicitors Gadens (Applicant) Wiltshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10434 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal of modification application no. 287/2011/2 (the application) by Kogarah City Council (the Council) to insert glass louvres above the glass balustrade of the ground floor and lower ground floor balconies on the western façade and return bay on either side of the western facade and to realign the southern and northern walls of bedroom 1 on the first floor, at 57 Vista Street, Sans Souci (the site). 2The appeal was subject to mandatory conciliation on 2 August 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s34AA(2)(b) and the proceedings dealt with forthwith pursuant to s34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.