NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mendes H v Kogarah C [2005] NSWLEC 91
APPLICANT Helena Mendes
PARTIES : RESPONDENT Kogarah Council
FILE NUMBER(S) : 11458 of 2004
CORAM: Tuor C.
Development Consent :- Section 96 application to use garage roof as outdoor terrace. Bulk and privacy impact on adjoining residents KEY ISSUES:
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kogarah Local Environmental Plan 1998
CASES CITED: Progress and Securities Pty Limited v North Sydney Council 1998 66 LGRA 236
DATES OF HEARING: 15/02/2005 EX TEMPORE JUDGMENT DATE : 02/15/2005
APPLICANT Mr Hall, barrister instructed by Mr Kapetas of Taouaras Legal
LEGAL REPRESENTATIVES:
RESPONDENT Mr Griffiths, solicitor of Pike Pike & Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
15 February 2005
11458 of 2004 Helena Mendes v Kogarah Council
JUDGMENT 1 This is an appeal against Kogarah Council's refusal of a s96 application to amend the development consent 163/97 at 20 Myers Street, Sans Souci.
2 The development application was approved on 3 June 1998, for "the construction of an attached dual occupancy development" subject to conditions, including condition 22, which states that "access for the dwelling to the roof area of the garages is not permitted."
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