NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hawken v Woollahra Municipal Council [2007] NSWLEC 326 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Matthew Gilbert Hawken PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10174 of 2007
CORAM: Hussey C
KEY ISSUES: Section 96 Application :- conditions, restricting balcony size, visual/aural impacts on neighbouring properties
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan
CASES CITED: Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71
DATES OF HEARING: 23/05/2007
EX TEMPORE JUDGMENT DATE : 23 May 2007
APPLICANT Mr B. Goldsmith, agent
LEGAL REPRESENTATIVES: RESPONDENT Mr J. Merlino, solicitor of Home Wilkinson Lowry, Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
Date: 23 May 2007
10174 of 2007 Matthew Gilbert Hawken v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This appeal was lodged against conditions imposed by Council on a s 96 modification application for an existing 2/4 storey residential flat building, containing 5 units, located at 26 Latimer Road, Bellevue Hill. The conditions form part of the development consent granted for alterations and additions to the RFB, garage/storey structure and landscaping works. These alterations include the provision of rear balconies.
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