NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Graham v Waverley Council [2007] NSWLEC 149
APPLICANT Peter Graham PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11016 of 2006
CORAM: Hussey C
KEY ISSUES: Building Certificate :- Refusal to issue Building Certificate, conversion of attic space, fire safety amenity
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996
DATES OF HEARING: 21/01/2007, 16/02/2007, 08/03/2007, 14/03/2007 and 23/03/2007
EX TEMPORE JUDGMENT DATE : 23 March 2007
APPLICANT Mr M. McMahon, solicitor of ME McMahon & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
23 March 2007
11016 of 2006 Peter Graham v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This appeal was lodged against councils deemed refusal to issue a Building Certificate for a 6-unit development at 33-35 Simpson Street, Bondi.
2 The main reason for this refusal arises from alterations undertaken to the building by the incorporation of an effective 3rd bedroom area in the roof attic, whereas the approved development consent only allowed 2 bedrooms.
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