NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gasmon Pty Ltd v Waverley Council [2009] NSWLEC 1257
APPLICANT Gasmon Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11221 of 2008
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION - SECTION 96 MODIFICATION :- to alter refrigeration units - noise, heat, vibration and aesthetic impacts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996
DATES OF HEARING: 23 July 2009
DATE OF JUDGMENT: 31 July 2009
APPLICANT Mr S Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J Hancock (solicitor) SOLICITOR Hancock Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
31 July 2009
11221 of 2008 Gasmon Pty Ltd v Waverley Council
JUDGMENT Background. 1 This appeal is against council's refusal of a s96 application to modify a development consent for a mixed use development at No 53 Glasgow Avenue, Bondi Beach. The site is located on the southern side of Glasgow Street at the intersection with Glenayr Avenue.
2 Council originally granted development consent on 24 July 2003 for alterations and additions to the existing mixed use development, comprising the extension to the supermarket and conversion of the 4 x two bedroom dwellings into 8 x one-bedroom dwellings with strata title. There have been subsequent modifications approved to this development.
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