NSW Caselaw
Land and Environment Court of New South Wales
CITATION : X-Unit Developments Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1235
APPLICANT X-Unit Developments Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney
FILE NUMBER(S) : 10460 of 2009
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- Section 96 Modification Application extension and introduction of balconies for units at rear of building. Impact on amenity and future redevelopment potential of adjoining land. Overlooking and privacy.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 65 South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan - Urban Design
Jonah Pty Ltd v Pittwater Council [2006] NSWLEC99 Meriton v Sydney City Council [2004] NSWLEC 313 TEXTS CITED: Galea v Marrickville Council [2005] NSWLEC 113 Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley [2004] NSWLEC 91
DATES OF HEARING: 10 & 11 May 2010 with additional material 10 June 2010
DATE OF JUDGMENT: 31 August 2010
APPLICANT Ms A Stenmark (Senior Counsel) Mr E N Gramelis (Junior Counsel) SOLICITOR Tsavdaridis Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr A Seton (Solicitor) SOLICITOR Marsdens Law Group
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