NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Fox Johnston Pty Ltd trading as Fox Johnston Architects v Waverley Council [2015] NSWLEC 1529 Hearing dates: 29-30 October 2015 Date of orders: 16 December 2015 Decision date: 09 December 2015 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld - See paragraph [98]. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to a residential flat building; bulk and scale, setbacks, impacts on views, solar access Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Buildings Waverley Local Environmental Plan 2012 Cases Cited: The Benevolent Society v Waverley [2010] NSWLEC 1082 Davies v Penrith City Council [2013] NSWLEC 1141 Pafburn v North Sydney Council [2005] NSWLEC 444 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 115 LGERA 373 Category: Principal judgment Parties: Fox Johnston Pty Ltd trading as Fox Johnston Architects (Applicant) Waverley Council (Respondent) Representation: Applicant: Mr N Eastman (Barrister) Respondent: Mr S Patterson (Solicitor)
Solicitors: Applicant: Standard Transfer Lawyers Respondent: Wiltshire Webb Staunton Beattie Lawyers File Number(s): 10341 of 2015
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