NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Whelan v Waverley Council [2008] NSWLEC 1148
APPLICANT Sue Whelan PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11248 of 2007
CORAM: Tuor C
KEY ISSUES: Development Consent - Section 96 Application :- modify consent to permit double carport instead of single garage. Impact on streetscape and landscape area.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Development Control Plan 2006
DATES OF HEARING: 11/03/2008
EX TEMPORE JUDGMENT DATE : 11 March 2008
APPLICANT Ms S Hill, solicitor of Susan Hill + Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr S Patterson, solicitor of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
11 March 2008
11248 of 2007 Sue Whelan v Waverley Council
JUDGMENT 1 This is an appeal against the deemed refusal by Waverley Council (council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify development consent (88/2007) for alternations and additions to an existing dwelling at 10 Brighton Boulevard, North Bondi (the site). 2 The original development application also sought approval to enlarge an existing single garage to a double garage. The development application was approved on 18 April 2007 subject to conditions including condition 2(b) which states:
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