NSW Caselaw
Land and Environment Court of New South Wales
CITATION : O'Connor, Barry v Waverley Council [2007] NSWLEC 840
APPLICANT Barry O'Connor PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10952 of 2007
CORAM: Hussey C
KEY ISSUES: Section 96 Modification :- Rooftop terrace, size and noise impacts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley LEP 1996
CASES CITED: "Super Studio" v Waverley Council 2004, NSWLEC 91
DATES OF HEARING: 17 December 2007
EX TEMPORE JUDGMENT DATE : 17 December 2007
APPLICANT Ms J. Walsh, solicitor Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Ms K. Allen, solicitor Wilshire Webb Staunton Beattie Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
17 December 2007
10952 of 2007 B. O'Connor v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This is a s 96 application in respect of modifications to a development consent for alterations and renovations to a dwelling at 14 Loombah Road, Dover Heights. The modifications comprise a roof terrace with access stairs, new front patio and air conditioning.
2 The only issue for the appeal concerns a 22 square metre open roof top terrace, which Council considers is of excessive size and likely to cause adverse noise impacts on neighbours.
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