NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Evanel Pty Ltd & Ors v Woollahra Municipal Council [2006] NSWLEC 712
APPLICANT Evanel Pty Ltd
RESPONDENT PARTIES : Woollahra Municipal Council
INTERVENER Mr D Studdy
FILE NUMBER(S) : 10646 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- Section 96 Modification to conditions, height of terrace, landscape, view loss
LEGISLATION CITED: Environmental Planning and Assessment Act Woollahra Local Environmental Plan 1995
CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140
DATES OF HEARING: 09 and 26/10/2006
DATE OF JUDGMENT: 11/13/2006
APPLICANT Mr S Griffiths, solicitor SOLICITORS Pike Pike & Fenwick
RESPONDENT LEGAL REPRESENTATIVES: Mr M Connell, solicitor SOLICITORS Home Wilkinson Lowry
Intervener: Mr A Pickles, Barrister SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
13 November 2006
10646 of 2006 Evanel Pty Ltd & Ors v Woollahra Municipal Council
JUDGMENT 1 This appeal was lodged against the council's refusal to allow s 96 Modifications to a development consent granted for alterations to a dwelling situated at 15A and B Dumaresq Road, Rose Bay. The full details of the site, its development history and the conditions of consent, including prior s 96 Modifications are contained in the Statement of Basic Facts, on which I rely.
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