NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Berezov v Warringah Council [2008] NSWLEC 1103
APPLICANT Dimitri Berezov PARTIES : RESPONDENT Warringah Council
FILE NUMBER(S) : 11161 of 2007
CORAM: Hussey C
KEY ISSUES: Development Application :- subdivision, consistency with characters of area, view, lot size, future amenity.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Warringah Local Environmental Plan 2000
DATES OF HEARING: 03/03/2008
EX TEMPORE JUDGMENT DATE : 3 March 2008
APPLICANT Mr I. Hemmings, barrister instructed by Mr J. Hones of Hones La Hood LEGAL REPRESENTATIVES:
RESPONDENT Mr N. Howie, solicitor of Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
3 March 2008
11161 of 2007 Dimitri Berezov v Warringah Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT Background. 1 Mr Berezov has appealed against council's refusal of a 2 lot subdivision of non-urban land at 331 McCarrs Creek Road, Terrey Hills.
2 The existing allotment (Lot 1 DP 870192) is irregular in shape and has a total area of 5106 sq m. It contains 2 dwellings and approval for another dwelling, subject to the removal of the existing dilapidated cottage on the site.
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