NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mathers v North Sydney Council [2000] NSWLEC 84 APPLICANT: Alfred William Watt Mathers PARTIES : RESPONDENT: North Sydney Council FILE NUMBER(S) : 11137 of 1999 CORAM: Talbot J KEY ISSUES: Development Application :- weight to be attributed to draft LEP LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 26/04/2000, 27/04/2000 DATE OF JUDGMENT: 04/28/2000
APPLICANT: Mr G N McKee (Solicitor) SOLICITORS: McKees LEGAL REPRESENTATIVES: RESPONDENT: Miss D J Townsend (Solicitor) SOLICITORS: Mallesons Stephen Jaques
JUDGMENT:
IN THE LAND AND Matter No. 11137 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 April, 2000
Alfred William Watt Mathers Applicant v North Sydney Council Respondent
REASONS FOR JUDGMENT
The proposal
1. The applicant originally appealed against a deemed refusal of its development application to demolish an existing dwelling house at 214 Ben Boyd Road, Neutral Bay and to erect four attached dwellings in a building constructed over basement car parking providing a total of seven car spaces.
2. Subsequent to the lodgment of the appeal by notice dated 21 December 1999, the council refused the development application.
3. The subject property consists of one allotment comprising an area of approximately 570 square metres. The site is generally level and is located on the western side of Ben Boyd Road, approximately 15 metres north of Oaks Avenue.
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