NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fegan v Lane Cove Council [2008] NSWLEC 1171
APPLICANT Inga Fegan (nee Rozenauers) PARTIES : RESPONDENT Lane Cove Council
FILE NUMBER(S) : 10841 of 2001
CORAM: Brown C
KEY ISSUES: Development Consent :- Modification of development consent for a two storey house and a swimming pool and deck - overlooking and view loss from pool deck
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 28/04/2008
DATE OF JUDGMENT: 29 April 2008
APPLICANT Mr I. Hemmings, barrister SOLICITORS Northside Law LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Seton, solicitor SOLICITORS Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
29 April 2008
10841 of 2001 Inga Fegan (Nee Rozenauers) (formerly in the name of John Lei Fegan) v Lane Cove Council
JUDGMENT 1 COMMISSIONER: This is an appeal against conditions imposed by Lane Cove Council for the modification of development consent 287/198 for the construction of a two storey house and a swimming pool and deck at 52B Cliff Road, Northwood. The proposed modifications generally consist of: 1. increasing the floor space ratio from 0.5 to 1 to 0.54 to 1 2. a new design for the dwelling house 3. extending the length of the northern wall of the dwelling house by one metre towards the eastern boundary 4. a new design for the swimming pool and deck, 5. increasing the finished level of the deck of the aboveground swimming pool.
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