Bowden T v Willoughby City Council [2004] NSWLEC 180

Land and Environment Court of New South Wales

CITATION : Bowden T v Willoughby City Council [2004] NSWLEC 180 APPLICANT T Bowden PARTIES : RESPONDENT Willoughby City Council FILE NUMBER(S) : 11207 of 2003 CORAM: Hoffman C Building Approval :- first floor extensions to existing house view corridor between houses from the public domain KEY ISSUES: height of TV aerial colour of roof deferred commencement condition. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 29/01/04 EX TEMPORE 01/29/2004 JUDGMENT DATE :

APPLICANT (Self Represented) Mr T Bowden, architect

LEGAL REPRESENTATIVES: RESPONDENT Ms E Duenow, solicitor SOLICITOR Mallesons Stephen Jaques

JUDGMENT: 1

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11207 of 2003 C Hoffman 29 January 2004 T Bowden Applicant

v Willoughby City Council Respondent Judgment

1 . This is a class 1 appeal No. 11207/03 between Thomas Bowden and Willoughby City Council in regard to conditions of consent granted by the council on 13 November 2003 for the first floor extension to an existing house at No. 1 Cheyne Walk, Castlecrag.

2 . Whilst there were a number of conditions objected to, most of them, by the time of the on-sight hearing, had been resolved.

3 . The principle dispute was deferred commencement condition No. 1 that required inter alia that the north wall of the kitchen of the new upper storey be set back 3 m from the existing north wall below it. The reason for this was to provide a view corridor to Middle Harbour from Linden Way, the street at the rear of No. 1 Cheyne Walk.