NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Oates v Northern Beaches Council [2021] NSWLEC 1684 Hearing dates: 4 November 2021 Date of orders: 9 November 2021 Decision date: 09 November 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: 1) The appeal is dismissed. 2) Development Application No. 2020/1684 for alterations and additions to a group home to enlarge the northern balconies, at 89 Wyadra Avenue, North Manly, is refused. 3) The exhibits, other than Exhibits 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing group home to enlarge balconies – amended development application – visual privacy and amenity impacts – building bulk uncharacteristic of the low density residential locality Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Warringah Local Environmental Plan 2011 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Tom Oates (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Respondent)
Solicitors: Self-represented (Applicant) Northern Beaches Council (Respondent) File Number(s): 2021/177837 Publication restriction: No
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