NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Deuxberry, Scott & Anor v Pittwater Council [2008] NSWLEC 1214
APPLICANT Scott Deuxberry & Zaida Gudenus PARTIES : RESPONDENT Pittwater Council
FILE NUMBER(S) : 10086 of 2008
CORAM: Hussey C
KEY ISSUES: Section 96 Modification :- setback and streetscape impact of alteration, loss of neighbours outlook
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 1993
DATES OF HEARING: 7/04/2008, 20/05/2008
DATE OF JUDGMENT: 20 May 2008
APPLICANT Mr Scott Deuxberry, litigant in Person LEGAL REPRESENTATIVES: RESPONDENT Ms S. Puckeridge, solicitor of Mallesons Stephen Jaques
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 May 2008
10086 of 2008 Scott Deuxberry and Zaida Gudenus
This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT Background 1 This appeal was lodged against conditions of consent imposed a development for alterations and additions to a dwelling house, including new double garage with rooftop garden at 34 Palm Terrace, North Narrabeen.
2 The appealed conditions are: o Condition B5 concerning provision of canopy trees in the front yard; o Condition C2 concerning side and front setbacks of the building and provision of landscaping.
3 The appeal was undertaken by way of a s 34 Conference and the neighbouring property owners attended and expressed their concerns about privacy and loss of outlook due to the proposed landscaping.
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