NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Brenchley Architects Pty Limited v Waverley Council [2009] NSWLEC 1434
APPLICANT Brenchley Architects Pty Limited PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10585 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT MODIFICATION :- Amenity of attic rooms in Residential Flat Building, Unit mix.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 1996
CASES CITED: Stockland Development v Manly Council [2004] NSWLEC 472
DATES OF HEARING: 7 December 2009
DATE OF JUDGMENT: 24 December 2009
APPLICANT Ms S Duggan (barrister) SOLICITOR Conomos Legal LEGAL REPRESENTATIVES:
RESPONDENT Mr S Kondilios (solicitor) SOLICITOR Maddocks Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
24 December 2009
10585 of 2009 Brenchley Architects Pty Limited v Waverley Council.
JUDGMENT Background. 1 This appeal is against council's refusal of a s 96 modification application for an existing residential flat building containing 4 units located at 15 Francis Street Bondi. Development consent was originally granted for alterations, which allowed the creation of a new lower ground floor unit, together with alterations to the roof to permit rooms within the attic area, so as to create a total of 5 units.
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