NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Biancardi v North Sydney Council [2008] NSWLEC 1396
APPLICANT Marc Biancardi PARTIES : RESPONDENT North Sydney Council
FILE NUMBER(S) : 10738 of 2008
CORAM: Hussey C
KEY ISSUES: Section 96 Modification :- External balconies, building revision controls, solar impacts and privacy
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2001
CASES CITED: Padfurn v North Sydney Council [2005] NSWLEC 444
DATES OF HEARING: 30/09/2008 and 2/10/2008
DATE OF JUDGMENT: 10 October 2008
APPLICANT Mr G. Green, solicitor of Pikes Lawyers
LEGAL REPRESENTATIVES: RESPONDENT Mr R. O'Gorman Hughes, barrister Instructed by Ms L. Finn, solicitor of HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
10 October 2008
10738 of 2008 Marc Biancardi v North Sydney Council
JUDGMENT
Background. 1 This appeal was lodged against council's refusal of a s96 application to modify the size of the external balconies on an apartment building at 13 Waiwera Street, McMahons Point.
2 The existing 3- storey building was constructed in the 1940's and contains 6 apartments. It has been altered a number of times over the years and modifications were approved by council on 22 May 2008, which included external balconies in accordance with the following table.
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