Nader v Strathfield Council [2015] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Nader v Strathfield Council [2015] NSWLEC 1370 Hearing dates: 2-3 September, 2015 Decision date: 11 September 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed 2. Development Application No 2014/188 for the demolition of an existing dwelling at 2-4 Barker Road, Strathfield, is refused 3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of a heritage item. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Helou v Strathfield Municipal Council (2006) LGERA 322 Norm Fletcher & Associates Pty Ltd v Strathfield Municipal Council [2013] NSWLEC 1118 Category: Principal judgment Parties: Rachelle Nader (Applicant) Strathfield Council (Respondent) Representation: Counsel: Ms L. Saw barrister (Applicant) Mr A. Seton solicitor (Respondent) Solicitors: - (Applicant) Marsdens Law Group (Respondent) File Number(s): 10471 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 2014/188 for the demolition of a heritage listed dwelling, 'Lyndoch Place' and associated structures (the proposal) at 2-4 Barker Road, Strathfield (the site) by Strathfield Council (the Council). The appeal was not subject to conciliation.