NSW Caselaw
Land and Environment Court of New South Wales
CITATION : SRSJ Management Pty Ltd v Waverley Council [2008] NSWLEC 1447
APPLICANT SRSJ Management Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10373 of 2008
CORAM: Tuor C
Development Application :- residential flat building demolition of existing low rental residential flat building KEY ISSUES: floor space ratio and landscape area deep soil planting provision of on site parking impact on adjoining residents
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Waverley Local Environmental Plan 1996
DATES OF HEARING: 3 July 2008 and 11 September 2008
DATE OF JUDGMENT: 5 November 2008
APPLICANT Mr A McKelvey, solicitor of Sparke Helmore Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Whealy, solicitor of Gadens Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
5 November 2008
10373 of 2008 SRSJ Management Pty Ltd v Waverley Council
JUDGMENT 1 This is an appeal against the refusal by Waverley Council (the council) of a development application (317-2007) under the Environmental Planning and Assessment Act 1979 (the Act) to demolish an existing three storey residential flat building containing 6 units and construct a new four storey residential flat building containing three attached townhouses with basement level parking for three cars accessed by a car lift and strata subdivision at 34 Dellview Street, Tamarama (the site).
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