NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Buckett v Waverley Council [2008] NSWLEC 95
APPLICANT Brian Buckett for J Vincent v Waverley Council PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11282 of 2007
CORAM: Brown C
KEY ISSUES: Appeal :- modification of development consent - privacy - noise
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 28/02/08
EX TEMPORE JUDGMENT DATE : 28 February 2008
APPLICANT Mr B Buckett, agent
LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson, solicitor SOLICITORS Wilshire Webb Staunton Beattie Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
28 February 2008
11282 of 2007 Brian Buckett for J Vincent v Waverley Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of an application to modify the approval of Development Application No 546/06 by Waverley Council for alterations and additions to an existing detached dwelling house at 19 Bulga Road Dover Heights (the site) by the deletion of two conditions.
2 The conditions in dispute are: Condition 2(b), which states: The window at the attic level on the eastern elevation is to be provided with a minimum sill height of 1.5 m from the finish for level, in order to retain an acceptable level of visual privacy for the property at 21 Bulga Road .
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