NSW Caselaw
Land and Environment Court of New South Wales
CITATION : The Turnbull Group Pty Ltd v Pittwater Council [2007] NSWLEC 445
APPLICANT The Turnbull Group Pty Ltd PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10320 of 2007
CORAM: Murrell C
KEY ISSUES: Section 96 Application :- modification application, demolition and re-erection of studio at rear of site. Whether substanially the same development. Impacts on adjoining property and area.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Moto Projects (No 2) Pty Limited v North Sydney Council ; CASES CITED: Vacik Pty Limited v Penrith City Council NSWLEC 24 ; Thomas v Pittwater Council (2003) NSWLEC 19; Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240
DATES OF HEARING: 3/07/2007
DATE OF JUDGMENT: 10 July 2007
APPLICANT Mr A. Galasso, SC Instructed by Mr Hannaford LEGAL REPRESENTATIVES:
RESPONDENT Mr M. Causer, solicitor of Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
10 July 2007
10320 of 2007 The Turnbull Group Pty Ltd v Pittwater Council
JUDGMENT 1 This is a verbal judgment for a matter heard on site last week. This is a s 96(6) appeal under the Environmental Planning and Assessment Act against Pittwater Council's refusal of a modification application for the property known as 278 Whale Beach Road, Whale Beach.
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