NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lambropoulos v Waverley Council [2011] NSWLEC 1119 Hearing dates: 28 March 2011 Decision date: 29 March 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The applicant is to serve amended plans by 5 April 2011. 2. The council is to serve amended conditions by 8 April 2011. 3. The parties are to file agreed plans and conditions by 12 April 2011. 4. Liberty to restore on two days notice. Catchwords: APPEAL:- Development Application -residential flat building. Side setbacks and use of attic level for living areas and terraces. Impacts of height, bulk, privacy, solar access and view loss. Amended plans. Legislation Cited: Waverley Local Environmental Plan 1996 Category: Principal judgment Parties: APPLICANT Harry Lambropoulos
RESPONDENT Waverley Council Representation: APPLICANT Mr G Green, solicitor
RESPONDENT Mr M Staunton, barrister APPLICANT Pikes Lawyers
RESPONDENT Wilshire Webb Staunton Beattie File Number(s): 10582 of 2010
Judgment 1COMMISSIONER: This is an appeal against the deemed refusal by Waverley Council (council) of a development application (278/ 2010) to demolish the existing dwellings and construct a residential flat building with fifteen units and basement parking for sixteen cars at 37-41 Ramsgate Avenue, Bondi (site). 2The site, its locality, the history of the application and the planning controls are detailed in the amended Statement of Facts and Contentions.
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