Russo Family Trust v Warringah Council [2004] NSWLEC 763

Land and Environment Court of New South Wales

CITATION : Russo Family Trust v Warringah Council [2004] NSWLEC 763 APPLICANT Russo Family Trust PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 10705 of 2003 CORAM: Tuor C. Development Application :- demolition of part of an existing mixed residential/commercial development and alterations and additions Setback KEY ISSUES: No of Storeys View loss Access to rights of way. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 DATES OF HEARING: 23/03/2004 and 8/04/2004 EX TEMPORE 04/08/2004 JUDGMENT DATE :

APPLICANT Mr J. Cole, solicitor of Abbott Tout

LEGAL REPRESENTATIVES: RESPONDENT Mr S. Pattison, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

8 April 2004

10705 of 2003 Russo Family Trust v Warringah Council

JUDGMENT 1 This is an appeal against the refusal by Warringah Council (the council) of a Development Application (2002/0644) at No. 18-19 The Strand, Dee Why (the site). The application is for demolition of part of an existing mixed residential/commercial development and the carrying out of major additions and alterations to create a shop-top housing development, including retention of the existing restaurant and café, 10 residential units and basement parking for 26 cars.