NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dean v Waverley C [2006] NSWLEC 179
APPLICANT Julie Dean PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11160 of 2005
CORAM: Hussey C
KEY ISSUES: Development Application :- Demolition of an existing house, deferred commencement to the proposal, design amendments, view loss and privacy.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 20/02/2006
EX TEMPORE JUDGMENT DATE : 02/20/2006
APPLICANT Mr Green, solicitor of Pike Pike & Fenwick LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 February 2006
11060 of 2005 Julie Dean v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 The appeal concerns a development application proposing demolition of an existing house and construction of a new 3-storey dwelling and swimming pool with underground parking at No. 1 Bronte Marine Drive, Bronte. The Council granted deferred commencement to the proposal, which required a number of design amendments so as to reduce the amenity impacts on the neighbouring properties, particularly the loss of views and loss of privacy.
2 The appeal was lodged against the conditions of consent. The full details of the site, the proposal and the planning controls are contained in the Statement of Basic Facts on which I rely.
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