NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Samuels v Waverley Council [2009] NSWLEC 1161
APPLICANT Jonathan Paul Samuels PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10170 of 2009
CORAM: Hussey C
KEY ISSUES: SECTION 121B ORDER :- Verify and/or rectify retaining walls, upgrade fencing to prevent overlooking, pool filter noise suppression
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 6 May 2009 and 12 May 2009
DATE OF JUDGMENT: 25 May 2009
APPLICANT Mr J Samuels (self represented)
LEGAL REPRESENTATIVES: RESPONDENT Ms C Mortion (solicitor) SOLICITORS Sparke Helmore
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
25 May 2009
10170 of 2009 Jonathon Paul Samuels v Waverley Council
JUDGMENT 1 This appeal is against a s 121B order requiring certain works to be carried out at No. 23 Narelle Street, North Bondi. This Order is required: i. Construct boundary fencing so that it provides privacy to the adjoining property owners; ii. Fit the pool filtration equipment beneath the deck to the rear western corner of the living room and not fitted within a ventilated sound-proof enclosure, and iii. Install the core filled block works retaining wall(s). 2 The issue of the Order has arisen from the development consent granted for a new 2-storey dwelling and pool in the rear yard at this site.
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