Australia, April 24 -- New South Wales Land and Environment Court issued text of the following judgement:
COMMISSIONER: This appeal concerns a development application for the demolition of an existing dwelling and the construction of a three-storey residential flat building containing three units, with basement parking for six vehicles, at 43 Salisbury Road, Rose Bay. Following the expiry of the period after which a development application is deemed to be refused, the applicant lodged an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of t...