NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Castagnet Investments Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 553
APPLICANT Castagnet Investments Pty Ltd
PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10565 of 2005
CORAM: Murrell C
KEY ISSUES: Development Application :- Drainage Easement - Apartment building - impact on adjoining properties - parking and traffic - internal amenity of apartments - solar access - character of area
Environmental Planning and Assessment Act LEGISLATION CITED: Woollahra Local Environmental Plan 1995 Woollahra Residential Development Control Plan 2003
CASES CITED: Billgate Pty Ltd v Woollahra Municipal Council & Anor. [2004] NSWLEC 436
DATES OF HEARING: 22/08/2005
DATE OF JUDGMENT: 10/13/2005
APPLICANT Mr S Griffiths, solicitor SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr J Bingham, solicitor SOLICITORS Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
13 October 2005 ( updated 26 October 2005)
No. 10565 of 2005 Castagnet Investments Pty Ltd v.. Woollahra Municipal Council
FINDINGS OF FACT
1 An appeal under s 97 of the Environmental Planning and Assessment Act (the Act) was lodged against Woollahra Municipal Council's refusal of a development application for an apartment building containing five units over basement parking for 11 cars.
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