McGowan v Willoughby City Council [2006] NSWLEC 596

Land and Environment Court of New South Wales

CITATION : McGowan v Willoughby City Council [2006] NSWLEC 596

FIRST APPLICANT David John McGowan

PARTIES : SECOND APPLICANT Alison Kaye McGowan

RESPONDENT Willoughby City Council

FILE NUMBER(S) : 10505 and 10506 of 2006

CORAM: Murrell C

KEY ISSUES: Appeal :- Re-erection of a dividing wall, noise, privacy

LEGISLATION CITED: Environmental Planning and Assessment Act Development Control Plan No. 25

CASES CITED: Windy Dropdown Pty Ltd v Warringah Council, [2000] 111 LGERA 299

DATES OF HEARING: 30-31/08/2006 and 11/09/2006

EX TEMPORE JUDGMENT DATE : 09/11/2006

APPLICANT Mr N Howie, solicitor SOLICITORS Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Mr R Dixon, solicitor SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

11 September 2006

10505 and David John McGowan and Alison Kaye 10506 of 2006 McGowan v Willoughby City Council

JUDGMENT

This determination was given extemporaneously and it has been edited prior to publication

1 This is an extempore judgment for a binding s 34 conference that was held on site on 29th and 30 August 2006. The Court met on site on the 29th with the parties and it was apparent that the adjoining neighbours at No. 19 Cameron Avenue, Artarmon, did not receive notification of the Court hearing. As such, the Court adjourned to allow Ms Thompson from 19 Cameron Avenue to give evidence to the Court on the afternoon of the 30th. At the on-site conference, amended plans were also proposed. They have been tendered today in the proceedings and they are Exhibit F.