NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Stathakis v Woollahra Municipal Council [2010] NSWLEC 1324
APPLICANT Mr Ross Stathakis PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 10425 of 2010
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT MODIFICATION :- Inclusion of roof top terrace; amenity impacts of noise; anti-social behaviour; loss of privacy.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Policy 1995
DATES OF HEARING: 19 October 2010 & 17 November 2010
DATE OF JUDGMENT: 2 December 2010
APPLICANT Mr T Robertson (Senior Counsel) SOLICITOR Woolf & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr J Merlino (Solicitor) SOLICITOR Lindsay Taylor Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
2 December 2010
Appeal No 10425 of 2010 Strathakis, R v Woollahra Municipal Council JUDGMENT Background. 1 This appeal was lodged against council's refusal of an application to modify a development consent to allow a roof top terrace for Unit 3 on an approved residential flat building (RFB) at 9 Military Road, Watsons Bay. The property contains an existing RFB that is to be demolished
2 The original development application proposed a roof top terrace but Condition C1, (f) required its deletion and restricted access to the roof for maintenance purposes only.
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