NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mete v Warringah Council [2008] NSWLEC 1383
APPLICANT Anthony Mete PARTIES : RESPONDENT Warringah Council
FILE NUMBER(S) : 10385 of 2008
CORAM: Hussey C
KEY ISSUES: Development Application :- Partial demolition of dwelling and construction of dwelling - amount of demolition, consistency with Desired Future Character, impacts on neighbours.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000
CASES CITED: Edgar Allan Planning Pty Limited v Woollahra Municipal Council [2006] NSWLEC 681 Den Gillespies v Warringah Council [2002} NSWLEC 224
DATES OF HEARING: 28/08/08 and 29/08/08
DATE OF JUDGMENT: 24 September 2008
APPLICANT Mr P. Clay, barrister Instructed by A. Mete of Harbord Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J. Hewitt, solicitor of HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
24 September 2008
10385 of 2008 Anthony Mete v Warringah Council
JUDGMENT Background 1 This appeal was lodged against the deemed refusal of a development application for the partial demolition of an existing garage and dwelling to enable building alterations to the dwelling at 33 Wyndora Avenue, Freshwater.
2 The issues identified for the appeal are summarised as follows: - Consistency with the desired future character, - Overdevelopment of the site, excessive height, inadequate setbacks, - Internal amenity, - Public interest, regarding amenity impacts on neighbouring properties.
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