NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Panagopoulos and Anor v Waverley Council [2010] NSWLEC 1122
APPLICANT Billy Panagopoulos and Patrice Panagopoulos PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 10043 of 2010
CORAM: Tuor C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolish an existing duplex and construct a dual occupancy development with Torrens Title subdivision. Heritage significance of the building and whether it should be retained.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan
DATES OF HEARING: 9 April 2010
EX TEMPORE JUDGMENT DATE : 9 April 2010
APPLICANT Mr M Baird, barrister LEGAL REPRESENTATIVES: RESPONDENT Ms C Morton, solicitor of Sparke Helmore Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
9 April 2010
10043 of 2010 Panagopoulos v Waverley Council This determination was given extemporaneously and has been edited prior to publication
JUDGMENT 1 This is an appeal against the refusal by Waverley Council (council) of a development application (DA16/2009) to demolish an existing duplex and construct a dual occupancy development and subsequent Torrens Title subdivision into two lots at 23 Brown Street, Bronte (the site). 2 The site, its locality, the history of the application and the planning controls are set out in the Statement of Facts and Contentions filed by council on 11 March 2010. 3 The contention raised by council is:
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