NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Gow v Warringah Council [2013] NSWLEC 1093 Hearing dates: 14 March 2013 Decision date: 15 March 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1.The applicant is granted leave to rely upon an amended application, being: Architectural plans prepared by Buena Vista Home Design, Drawing No. DA02 (dated 23 November 2012), DA03 (dated 6 February 2013), DA04 (dated 19 December 2012 and DA05 (dated 23 November 2012); Landscape Plan prepared by Ecodesign, Drawing No. L-01, revision G and dated 26 November 2012; Revised Hydraulic Design prepared by Nasseri Associates and dated 31 January 2013; Revised Operational Management Plan prepared by MB Town Planning, Issue B and dated 26 November 2012. 2.The Applicant is to pay the respondent's costs thrown away as a result of the amended application pursuant to s97B of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. 3.The appeal under s97 of the Environmental Planning and Assessment Act 1979 is upheld; 4.Development Application No. 2012/0769 lodged with the respondent on 29 June 2012 to construct a 9 room boarding house at Lot 9 in Deposited Plan 16941, being 116 Queenscliff Road, Queenscliff is approved subject to conditions 1 to 52 in Annexure A. 5. The exhibits are returned with the exception of exhibit 3 Catchwords: CONSENT ORDERS: construction of a boarding house - resident objections relating to unacceptable impact on the character of the area, inadequate parking, unacceptable loss of privacy and overlooking and noise. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99 Project Venture Developments Pty Limited v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Lynette Pearl Gow (Applicant) Warringah Council (Respondent) Representation: Ms Saw, barrister (Applicant) Mr Gough, solicitor (Respondent) Solicitors Downeys Lawyers Pty Ltd (Applicant) Storey & Gough Lawyers (Respondent) File Number(s): 10956 of 2012
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