Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement:
1. The Applicant (Mrs Malass) has commenced Class 1 appeal proceedings following the refusal of development application 2024/1 (2024 DA) by Strathfield Municipal Council (the Council) for a property on Boden Avenue Strathfield (the Property). Development consent is sought for the 'Partial demolition of the existing dwelling... including associated landscaping'.
2. The Council has filed a notice of motion seeking to have the appeal dismissed as an abuse of process because the 2024 DA is virtually the same as an earlier development application 2020/239 (2020 DA). The 2020 DA was the subject of Class 1 appeal proceedings resulting in the d...