Hristovski v City of Canada Bay Council [2008] NSWLEC 1105

Hristovski v City of Canada Bay Council [2008] NSWLEC 1105

The appeal is upheld by consent, and the modification of the original development consent is to be granted as agreed between the applicant and council, incorporating requirements to address acoustic concerns for the air conditioning unit.

Source-derived case information.

Parties
Applicant: B Hristovski; Respondent: City of Canada Bay Council
Jurisdiction
Australia
Judgment Date
21 February 2008
Procedural Posture
Appeal / Ex Tempore Judgment on Modification Application
Outcome
appeal upheld by consent; modification granted
Legal Topics
Development Consent Modification, Consent Orders
Planning and Environment Law Development Consent Modification Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

B Hristovski

Applicant

City of Canada Bay Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment on Modification Application

Legal Issues

  1. 1 Whether the development consent should be modified regarding the location of water tanks, external staircase construction, balustrading nature, and positioning of air conditioning unit.

Ratio Decidendi

The appeal is upheld by consent, and the modification of the original development consent is to be granted as agreed between the applicant and council, incorporating requirements to address acoustic concerns for the air conditioning unit.

Court Disposition

appeal upheld by consent; modification granted

Orders

  • The appeal is upheld by consent.
  • The application to modify development consent number 334/2004 in relation to 29G Brays Road, Breakfast Point will be determined by modification as proposed in annexure A to the orders.