NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Sedgmen v Waverley Council [2014] NSWLEC 1041 Hearing dates: 17 February 2014 Decision date: 07 March 2014 Jurisdiction: Class 1 Before: Hussey C Decision: 1 The appeal is upheld. 2 The Respondent is directed to issue, within 7 days, the Building Certificate (BC - 19/2013) for timber terracing (bleachers), timber fence panelling and removal of a masonry wall within the courtyard of the Beach Road Hotel located at 99 - 111 Glenayr Avenue, Bondi Beach. 3 The exhibits be returned. Catchwords: Building certificate: Building work acceptable, contest on approved use Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: APN Outdoor v Council of the City of Sydney [2011] NSWLEC 1131 at [24] Felthouse & Anor v Ashfield Council [2010] NSWLEC 1088 at [41]. Griffis v Tweed Shire Council [2011] NSWLEC 1126 Ireland v Cessnock [1999] NSWLEC 250, (1999) LGERA 311 at [37]-[39] Ireland v Cessnock City Council [1999] NSWLEC 153, (1999) 103 LGERA 285 at [58] Mineral Wealth v Gosford City Council (2003) 127 LGERA 74 at [40]-[43] Taipan Holdings Pty Limited v Sutherland Shire Council [1999] NSWLEC 166 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 at [32] and [60] Category: Principal judgment Parties: Georgia Elizabeth Sedgmen (Applicant)
Waverley Council (Respondent) Representation: Mr C Ireland (Applicant)
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