NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Screnci & Anor v Willoughby City Council [2015] NSWLEC 1256 Hearing dates: 9, 10 October, 20 November 2014, 11 February, 2, 12 March 2015 Decision date: 10 July 2015 Jurisdiction: Class 1 Before: Pearson C Decision: See paragraph [153] Catchwords: DEVELOPMENT APPLICATION – Landscaping – Secondary dwelling – Development below foreshore building line - Whether consistent with objectives of applicable environmental planning instruments – Variation of height development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Willoughby Local Environmental Plan 1985 Willoughby Local Environmental Plan 2012 Cases Cited: Chami v Lane Cove Council [2015] NSWLEC 1003 Ireland v Cessnock City Council (1999) 110 LGERA 311 Mineral Wealth Pty Ltd v Gosford City Council (2003) 127 LGERA 74 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Category: Principal judgment Parties: Joseph Screnci and Paula Screnci (Applicants) Willoughby City Council (Respondent) Representation: Counsel: Mr P Larkin SC (Applicants) Mr J Johnson (Respondent)
Solicitors: HWL Ebsworth Lawyers (Applicants) King & Wood Mallesons (Respondent) File Number(s): 10972 of 2013,10527 of 2014,10579 of 2014, 10802 of 2014, 10803 of 2014, 10804 of 2014, 10805 of 2014
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