NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hybler v Willoughby Council [2010] NSWLEC 1215 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Andrew Hybler PARTIES : RESPONDENT Willoughby Council
FILE NUMBER(S) : 10349 of 2010
CORAM: Morris C
KEY ISSUES: DEVELOPMENT MODIFICATION :- Deferred Commencement
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Willoughby LEP 1994
CASES CITED: Summers v Ashfield Council [2009] NSWLEC 1276
DATES OF HEARING: 6 August 2010
DATE OF JUDGMENT: 10 August 2010
Mr M Winram, Solicitor LEGAL REPRESENTATIVES: of Maddocks Lawyers Mr M Jaku, Solicitor of Mallesons Stephen Jaques
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Morris C
10 August 2010
10349 of 2010 Hybler v Willoughby Council
JUDGMENT 1 COMMISSIONER: This is an appeal in relation to the refusal, in part, by Willoughby Council of an application made under Section 96 of the Environmental Planning and Assessment Act 1979 which sought the removal of the deferred commencement provisions of a development consent, internal alterations to the approved dwelling layout and changes to windows. The appeal relates to the deferred commencement conditions only as the Council approved that part of the application that related to the building layout and windows. The site.
2 Number 15 Carr St, Chatswood (the site) is located on the eastern side of the roadway and has a frontage of 12.19 m, depth of 48.36 m and a total site area of 589.5 square metres.
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