NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tenacity Consulting Pty Ltd v Warringah Council [2004] NSWLEC 268 APPLICANT Tenacity Consulting Pty Ltd PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 11415 of 2003 CORAM: Hussey C KEY ISSUES: :- Apartment buildings - consistency with desired future character - compliance with built forms - streetscape impact - internal amenity - public interest Environmental Planning and Assessment Act LEGISLATION CITED: Warringah LEP 2000 SEPP 65 CASES CITED: DATES OF HEARING: 14/04/04-15/04/04 DATE OF JUDGMENT: 05/31/2004
APPLICANT Mr J Robson, barrister SOLICITOR Landerer & Company
LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, barrister SOLICITOR Wilshire Webb
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
11415 of 2003 Hussey C 31 May 2004 Tenacity Consulting Pty Ltd Applicant
v Warringah Council Respondent Judgment Introduction
1. This appeal is against councils refusal of a development application for two apartment buildings above basement parking, containing 49 units, in Pacific Parade, Dee Why.
2. For the appeal, the following issues were identified: + consistency with the design future character statement, + compliance with built form controls, + streetscape impacts/overbearing, + internal amenity, + impact on adjoining properties. The site
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