NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Newey AJ v Willoughby CC [2003] NSWLEC 246 Alana Jane Newey Applicant
PARTIES : v
Willoughby City Council Respondent FILE NUMBER(S) : 10754 of 2002 CORAM: Murrell C :- Refusal of development application for a dwelling house KEY ISSUES: Exceedence in storeys and building height plane SEPP 1 objections Impact on the sreetscape and adjoining properties Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning policy No 1 Willoughby Local Environmental Plan 2001 CASES CITED: Winton Property Group v North Sydney Council NSWLEC 46 [2001] DATES OF HEARING: 21 and 22 August 2003 DATE OF JUDGMENT: 09/18/2003
Mr J E Robson, barrister
Gillis Delaney Brown LEGAL REPRESENTATIVES: Mr D Parry, barrister
Mallesons Stephen Jaques
JUDGMENT:
In the Land and Heard by: Commissioner J S Murrell Environment Court Decision date: 18 September 2003 of New South Wales
Alana Jane Newey V Willoughby City Council
Judgment
1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Willoughby City Council's refusal of a development application for the site known as 38 Lower Cliff Avenue, Northbridge.
2 The surrounding area can be described as heavily vegetated and steeply sloping. The site adjoins what is known as Tunks Park and this is an extensive area of public open space.
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