NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hazan v Waverley Council [2009] NSWLEC 1262
APPLICANT Sylvia Hazan PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10205 of 2009
CORAM: Dixon C
KEY ISSUES: DEVELOPMENT APPLICATION :- Off-Street parking space, front setback and streetscape.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75
DATES OF HEARING: 8 July 2009
EX TEMPORE JUDGMENT DATE : 8 July 2009
APPLICANT Mr Clay (barrister)
LEGAL REPRESENTATIVES: RESPONDENT Mr S Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Dixon C
8 July 2009
10205 of 2009 Sylvia Hazan v Waverley Council
This determination was given extemporaneously and has been edited prior to publication
JUDGMENT 1 This is an appeal against Waverley Council's refusal of a development application for a hardstand parking space within the front setback of a property known as 18 Jensen Avenue, Vaucluse. The proceedings were commenced onsite as a s 34 conciliation conference, however no agreement was reached and the parties consented to me disposing of the proceedings with a hearing pursuant to s 34(4)(b) of the Land and Environment Court Act 1979.
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