Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of DA-1123/2021 for construction of a two storey mixed use building comprising a supermarket, retail/business premises, potential child care centre and three level car park at 1370 Camden Valley Way in Leppington...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. From early 2023, Mrs Sodaline Yin was the sole shareholder and director of Wraich Pty Ltd. 2. Mrs Yin's complaint was that in August 2023, she discovered that Mr Roy Maalouf had lodged a Form 484 with ASIC in July 2023 asserting he had replaced her as the sole director and shareholder of Wraich. Mrs Yin asserted that she never agreed to transfer her shareholding, to resign as d...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No DA/183/2024 (the DA) for the demolition of all existing structures across three allotments, tree removal and construction of a three-storey, 120 place child care centre with basement carparking and associated l...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal direct to the Court under s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) for the approval of Modification Application No DA-285/2023/B (the MOD) to modify development consent No DA-285/2023 (approved development) granted by the Court on 29 October 2024. 2. The approved development involves the demolition of existi...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: Advance Street in the western Sydney suburb of Schofields is undergoing transition in its urban form and density. Once an area of detached single dwellings in a quasi-bushland setting, the street is now a hive of construction activity as recent approval for medium density development is realised. 2. Furthering such a transition, development application DA 24-00024...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, relate to an appeal pursuant to subs 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent's deemed refusal of development application DA/2024/0422 (DA). The DA seeks consent for identified alterations and additions to an existing semi-detached dwelling, in...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: The First and Second Applicants (the Applicants) appeal the Valuer General's Determination dated 13 August 2024 pursuant to s 37(1) of the Valuation of Land Act 1916 (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 102 in Deposited Plan 1076397, 40 Mount Street, North Sydney NSW 2060 (Land). 1) The proceedings ...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a new five-storey commercial building with basement storage, four ground floor retail tenancies, three commercial tenancies, and two residential apartments at 3 Knox Street, Double Bay. A development application for an earlier iteration of the proposed d...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: These Class 1 proceedings arise from an appeal of a condition of consent imposed by Sutherland Shire Local Planning Panel on development consent DA23/0297. This application seeks consent for the demolition of an existing dwelling and swimming pool and the construction of a new dwelling house including a covered rooftop terrace, a swimming pool and spa, and alterati...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The applicant, known as GXN, has applied for an extension of time to seek a review of the decision of the Children's Guardian (the respondent), dated 21 November 2023, to cancel his Working With Children Clearance Check (clearance) pursuant to Section 23(1) of the Child Protection (Working With Children) Act 2012 (the WWC Act). 2. The applicant filed his application for adminis...