NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Rothwell v Mosman Municipal Council [2003] NSWLEC 348 APPLICANT Susan Rothwell PARTIES : RESPONDENT Mosman Muncipal Council
FILE NUMBER(S) : 10074 of 2003 CORAM: Nott C Development Application :- Proposed house KEY ISSUES: replacing existing house – foreshore scenic protection – height and appearance – landscaped area
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s97(1) CASES CITED: Bennett Pty Ltd v North Sydney Municipal Council [1988] NSWLEC 77 DATES OF HEARING: 29 & 30 September 2003, 10 October 2003 EX TEMPORE JUDGMENT DATE : 10/10/2003
APPLICANT Mr J Bingham (solicitor) SOLICITORS Deacons
LEGAL REPRESENTATIVES: RESONDENT Ms C Schofield (solicitor) SOLICITORS Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10074 of 2003
Nott C
10 October 2003 Susan Rothwell Architects Applicant v Mosman Municipal Council Respondent Judgment 1 This is an appeal against the Council's deemed refusal of a development application for demolition of the existing dwelling house and the erection of a new two-storey and partly three-storey dwelling house, garage and swimming pool at 40 Iluka Road, Clifton Gardens.
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