Auciello E v Kogarah M C

[2004] NSWLEC 153

Land and Environment Court

of New South Wales

CITATION:

Auciello E v Kogarah M C [2004] NSWLEC 153

PARTIES:

Auciello E v Kogarah Municipal Council

FILE NUMBER(S):

11242 of 2003

CORAM:

Hussey C

KEY ISSUES:

Development Consent :- s96 modification

LEGISLATION CITED:

CASES CITED:

DATES OF HEARING:

2 / 4 / 2004

DATE OF JUDGMENT:

04/02/2004

LEGAL REPRESENTATIVES:

APPLICANT
Mrs J Kelly, Barrister

Mr Jacovou, Solicitor
Jacovou & Company

RESPONDENT
Mrs L Finn, solicitor

Abbot Tout

JUDGMENT:

In the Land and
Environment Court
of New South Wales

No. 11242 of 2003

Auciello E

Applicant

Kogarah M C

Respondent

Order

The Court orders that:

1. The appeal is upheld.

2. Development consent granted to DA 533/98 on 11 March 1999 is modified by adding the following conditions:

Condition 41
(a) The lift is to be constructed in accordance with the attached plans numbered 1, 2, 3 and 4, Revision D dated 25 March 2004.
(b) Structural work relating to the lift construction is to be carried out in accordance with design and details prepared by a practising structural engineer.
(c) The lift-well height is not to exceed RL 51.61 as shown on the approved plans.

Ordered: 2 / 4 /2004

By the Court

Susan Dixon
Registrar
nm