NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Emdur v Waverley Council [2009] NSWLEC 1101
APPLICANT Martine Emdur PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11276 of 2008
CORAM: Taylor C
KEY ISSUES: DEVELOPMENT APPLICATION :- off-street parking in front of the building line; size of space suitable for parking a small car.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 13/03/2009
EX TEMPORE JUDGMENT DATE : 13 March 2009
APPLICANT Ms S. Hill, solicitor of Susan Hill & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Taylor C
13 March 2009
11276 of 2008 Emdur, Martine v Waverley Council
This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 This matter was conducted at an on-site hearing on 12 March 2009. The appeal is a s 96 appeal under the Environmental Planning and Assessment Act, 1979, to modify a development consent. At the on-site hearing I was provided with the opportunity to view the house, the adjoining properties as well as the other houses along Dudley Street, the location of the subject site.
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