NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mackay v Warringah Council. [2008] NSWLEC 1386
APPLICANT Andrew Mackay PARTIES : RESPONDENT Warringah Council.
FILE NUMBER(S) : 10624 of 2008
CORAM: Hoffman C
KEY ISSUES: Development Application :- Alterations and additions to existing house, bulk, contrary to visual pattern of houses in locality, privacy of neighbours.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000
DATES OF HEARING: 12/09/2008
DATE OF JUDGMENT: 7 October 2008
APPLICANT Mr A. Sattler, solicitor of Sattler & Associates Solicitors LEGAL REPRESENTATIVES:
RESPONDENT Mr K. Webber, solicitor of Wilshire Webb Staunton Beattie Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
7 October 2008
10624 of 2008 Andrew Mackay v Warringah Council.
JUDGMENT 1 Commissioner: This is a Class 1 appeal No. 10624 of 2008 between Andrew Mackay and Warringah Council in regard to the refusal of DA2006/0148 for proposed extensions and alterations to a house at 30 Anzac Ave, Collaroy. The hearing was held on-site, with observations and evidence taken in the adjoining properties. The Locality and surroundings 2 The area is just west of the beach and the coastal plain at the foot of the Collaroy escarpment. The built forms of the houses are predominantly detached houses of 1- and 2-storey around the subject site. But houses are 3-storey at the rear of the site where the land slopes more steeply up to the escarpment.
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