NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lifestyle Manor Anglesea Pty Ltd v Waverley Council [2009] NSWLEC 1156
APPLICANT Lifestyle Manor Anglesea Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10011 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Section 96 Modification to restriction on roof top plant room levels, visual impact, noise, solar access
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Waverley Local Environmental Plan 1996 State Environmental Planning Policy Seniors Living 2004 State Environmental Planning Policy No. 15
DATES OF HEARING: 18 May 2009
EX TEMPORE JUDGMENT DATE : 18 May 2009
APPLICANT Mr M Driscoll (solicitor) SOLICITOR BCP Lawyers & Consultants LEGAL REPRESENTATIVES:
RESPONDENT Mr K Webber (solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 May 2009
10011 of 2009 Lifestyle Manor Anglesea Pty Ltd v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT Background. 1 This appeal was lodged against council's refusal to allow a s 96 modification application to delete condition 3(c) of the development consent, which restricts the height of plant room structures on the roof area of a part 3 and part 4 – storey seniors living development at 33-53 Anglesea Street, Bondi.
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