NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Inkson v Lane Cove Council [2008] NSWLEC 1518 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Helen Inkson PARTIES : RESPONDENT Lane Cove Council
FILE NUMBER(S) : 10884 of 2008
CORAM: Hoffman C
KEY ISSUES: Section 96 Application :- Alterations and additions to a house, deletion of conditions requiring a proposed roof terrace to be removed, overlooking, acoustic privacy, number of storey, precedent.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lane Cove Local Environmental Plan 1987 draft Lane Cove Local Environmental Plan 2007
DATES OF HEARING: 16/12/2008 and 17/12/2008
EX TEMPORE JUDGMENT DATE : 17 December 2008
APPLICANT Mr N. Eastman, barrister Instructed by Henry Davis York LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Griffiths, barrister Instructed by Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
17 December 2008
10884 of 2008 Helen Inkson v Lane Cove Council
JUDGMENT 1 This is a Class 1 appeal, 10884 of 2008, between Inkson and Lane Cove Council in regard to the refusal of a s 96 application to delete conditions 3, 4 and 5 of consent DA302/2007 for extensive alterations and additions to a house, No 12 Chisholm Street, Greenwich. The conditions relate to the deletion of a roof top terrace and staircase in the renovated house.
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