NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lucas v Waverley Council [2009] NSWLEC 1390
APPLICANT Peter Lucas PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10591 of 2009
CORAM: Fakes C
KEY ISSUES: DEVELOPMENT APPLICATION :- Garage and landscaping
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 29 October 2009
DATE OF JUDGMENT: 27 November 2009
APPLICANT Ms J Reid (Solicitor) SOLICITOR Pikes Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms C Morton (Solicitor) SOLICITOR Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
27 October 2009
10591 of 2009 Peter Lucas v Waverley Council
JUDGMENT
1 COMMISSIONER: This is an appeal pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act) against Waverley Council's (the council) refusal of a s 82A Review Application for Development Application 579/08 for a garage and landscaping at the front of 369 Bronte Road, Bronte (the site).
Background 2 There have been previous development applications relating to 369 Bronte Road. Relevant to this current matter is DA 812/04 where council granted Deferred Commencement Consent on 26 July 2005 for alterations and additions to the heritage listed dwelling on the property and the erection of 3 townhouses at the rear of the site. No off-street parking was indicated on the application.
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