NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cristovao v City of Canada Bay Council [2009] NSWLEC 1449
APPLICANT: Duarte Bras Cristovao PARTIES : RESPONDENT: City of Canada Bay Council
FILE NUMBER(S) : 10559 of 2009
CORAM: Tuor C
KEY ISSUES: DEVELOPMENT MODIFICATION :- modification of development consent - terrace extension - potential privacy impact - modification allowed with increased setback and reduction in size
Environmental Planning and Assessment Act 1979 s 96 LEGISLATION CITED: Canada Bay Local Environmental Plan 2008 Canada Bay Development Control Plan 2008
DATES OF HEARING: 17 November 2009
EX TEMPORE JUDGMENT DATE : 17 November 2009
APPLICANT: Ms S Hill (solicitor) SOLICITORS: Susan Hill & Associates Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr P Jackson (solicitor) SOLICITORS: Pikes Lawyers
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
17 November 2009
10559 of 2009 Cristovao v City of Canada Bay Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the City of Canada Bay Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 (the Act) to modify a development consent (568/2006) for alterations and additions to an existing dwelling at 8 Collingwood Street, Drummoyne (the site). 2 Council granted the development consent on 21 March 2007 subject to conditions, including Condition 2(a), which requires:
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