NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Azzopardi v Waverley Council [2006] NSWLEC 682
APPLICANT Tim Azzopardi PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10502 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Rear lane garage/attic, orientation, height, bulk, scale, amenity impacts
LEGISLATION CITED: Environmental Planning and Assessment Act Waverley Local Environmental Plan 1996
DATES OF HEARING: 30/10/2006
DATE OF JUDGMENT: 11/01/2006
APPLICANT Mr A Perkins, solicitor SOLICITORS Colin Biggers & Paisley LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor SOLICITORS Wilshire Webb
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
1 November 2006
10502 of 2006 Tim Azzopardi v Waverley Council
JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for the construction of a single garage, incorporating attic space within the roof area for a property situated at 58 Alt Street, Queens Park. The access to the garage is via the rear lane.
2 For the appeal a number of issues were identified which can be summarised as follows: o Height, bulk and scale of the garage, including its orientation, o Compliance with the desired future character provisions, o Public interest; streetscape, precedence, loss of outlook, overshadowing, privacy loss.
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