NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Casa Maria Pty Limited v Waverley Council [2009] NSWLEC 1374
APPLICANT Casa Maria Pty Limited PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10636 of 2009
CORAM: Tuor C
KEY ISSUES: CONSENT ORDERS - DEVELOPMENT MODIFICATION :- Alterations and Additions impact on residential amenity
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 30 October 2009
EX TEMPORE JUDGMENT DATE : 30 October 2009
APPLICANT Mr P McEwen (barrister) SOLICITOR Swaab Attorneys LEGAL REPRESENTATIVES:
RESPONDENT Mr S Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tour C
30 October 2009
10636 of 2009 Casa Maria Pty Limited v Waverley Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This is an appeal against the deemed refusal by Waverley Council (council) of an application under s96 of the Environmental Planning and Assessment Act 1979 to amend development consent (577/2006) for minor alterations and additions to the approved mixed residential/commercial development at 40 Hall Street, Bondi (the site).
2 The alterations and additions proposed under the s 96 application are set out in the Statement of Environmental Effects (Exhibit B) and the Statement of Facts (Exhibit 3).
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