Rowlane Investments Pty Ltd v Leichhardt Council [2013] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: Rowlane Investments Pty Ltd v Leichhardt Council [2013] NSWLEC 60 Hearing dates: 6 May 2013 Decision date: 06 May 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that development consent No. D/2005/289 granted by Leichhardt Council on 19 March 2007 for the demolition of existing buildings and the construction of a new residential flat building containing three units above basement carparking at Lots 1 & 2, SP19170, (No. 25) Ennis Street, Balmain has not lapsed. The exhibit may be returned. (2) Costs reserved. Any application for costs must be made by approaching the registry within 14 days to obtain a hearing date for a costs application, otherwise there will be no order as to costs. Catchwords: DEVELOPMENT CONSENT - whether lapsed. Legislation Cited: Environmental Planning and Assessment Act 1979, s 95 Leichhardt Local Environmental Plan 2000 Cases Cited: Hunter Development Brokerage Pty Limited v Cessnock City Council; Tovedale Pty Limited v Shoalhaven City Council [2005] NSWCA 169, (2005) 140 LGERA 201 Norlex Holdings Pty Limited v Wingecarribee Shire Council [2010] NSWLEC 149, (2010) 177 LGERA 261

Reysson Pty Limited v Roads and Maritime Services [2012] NSWLEC 17, (2012) 188 LGERA 252 Zaymill Pty Ltd v Ryde City Council [2009] NSWLEC 86 Category: Principal judgment Parties: Rowlane Investments Pty Ltd (Applicant) Leichhardt Council (respondent) Representation: COUNSEL: S Berveling (Applicant) Submitting appearance (respondent) SOLICITORS: TresCox (Applicant) Legal services Leichhardt Council (respondent) File Number(s): 41206/12