NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Heymann-Cohen Pty Ltd v Waverley Council [2010] NSWLEC 1199
APPLICANT Heymann-Cohen Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10244 of 2010
CORAM: Tuor C
DEVELOPMENT CONSENT :- s 96 application KEY ISSUES: decrease approved front setback of fouth floor amended plans in response to changes agreed by experts
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 23 July 2010
DATE OF JUDGMENT: 6 August 2010
APPLICANT Ms H Irish (barrister) SOLICITOR Susan Hill & Associates Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr M Staunton (barrister) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
6 August 2010
10244 of 2010 Heymann-Cohen Pty Ltd v Waverley Council
JUDGMENT 1 This is an appeal against the refusal by Waverley Council (council) of an application under s 96 of the Environmental Planning and Assessment Act, 1979 (EPA Act) to amend development consent DA200/2008 approved by council on 27 January 2009 as a deferred commencement (the development consent).
2 The development consent approved the part demolition of the existing hotel and construction of basement parking, retail, arcade and 41 residential units at the Bondi Hotel, Campbell Parade, Bondi Beach (the site).
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