Harwood Pty Ltd v Sydney City Council

[2006] NSWLEC 523

Land and Environment Court

of New South Wales

CITATION:

Harwood Pty Ltd v Sydney City Council [2006] NSWLEC 523

PARTIES:

APPLICANT
Harwood Pty Ltd

RESPONDENT
Sydney City Council

FILE NUMBER(S):

10346 of 2006

CORAM:

Tuor C

KEY ISSUES:

Appeal :- Order under s 121B-6

LEGISLATION CITED:

Environmental Planning and Assessment Act 1975

DATES OF HEARING:

11/08/2006

EX TEMPORE JUDGMENT DATE:

08/11/2006

LEGAL REPRESENTATIVES:

APPLICANT
Mr A Booth, solicitor

RESPONDENT
Mr M Fozzard, agent

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Tuor C

11 August 2006

10346 of 2006 Harwood Pty Ltd v Sydney City Council

JUDGMENT

1 This is an appeal against an order under s121B-6 of the Environmental Planning and Assessment Act (the order). The order was issued by the Sydney City Council (the Council) on 5 April 2006 for premises at 71 Elizabeth Bay Road, Elizabeth Bay (the site).

2 The Applicant has obtained expert evidence from Mr Trevor Howse. In response to this advice the parties have agreed on amendments to the wording of the order and are seeking Consent orders from the Court.

3 On the basis of the information placed before the Court I am satisfied that the issues in the Statement of Issues have been resolved and that the consent orders may be issued.

4 The orders of the Court by consent are:

1) The appeal is upheld.
2) Pursuant to s 121(ZK) of the Environmental Planning and Assessment Act 1979 the terms and the period for compliance the respondent’s order dated 5 April 2006 are modified as set out in Annexure ‘A’.
3) The exhibits are retained.

It is noted that each party is to pay its own costs of the appeal.
___________________
Annelise Tuor
Commissioner of the Court
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