NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bernstein v Waverley Council [2011] NSWLEC 1316 Hearing dates: 13 September 2011 Decision date: 13 September 2011 Jurisdiction: Class 1 Before: Hussey C Decision: CONSENT ORDERS (1)The appeal is upheld. (2)The modification application DA/305/2010-A is approved for an increase to the basement footprint to provide for storage areas, laundry and rainwater tank or storage room. And the construction of an additional bedroom in the void areas on the first floor area of each of the four occupancies on the side at 7- 9 Hunter Street, Dover Heights, subject to the conditions of consent within annexure A hereto. (3)Each party to pay its own costs of the proceedings. (4)The exhibits may be returned except 3, A, C and E. Catchwords: Development modification; Dual occupancy development, FSR, compatible with character of area, public interest. Legislation Cited: Waverley Development Control Plan 2010 Waverley Local Environmental Plan 1996 Cases Cited: Edgar Allan Planning Pty Ltd v Woollahra NSWLEC 758 Goldin & Anor v Minister for Transport NSWLEC 75 Shulkin v Waverley Council [2009] NSWLEC 1290 Category: Principal judgment Parties: Rosemary Bernstein (Applicant)
Waverley Council (Respondent) Representation: Ms S Hill (Applicant)
Ms C Morton (Respondent) Susan Hill and Associates (Applicant)
Sparke Helmore (Respondent) File Number(s): 10647 of 2011
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