NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bellenger & anor v Randwick City Council [2016] NSWLEC 1279 Hearing dates: 15 June 2016 Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction: Class 1 Before: Hussey AC Decision: (1) The appeal is dismissed. (2) Development consent to DA/810/2015 for alterations to the front of the dwelling at 43 Greville Street, Clovelly to allow construction of a hardstand area is refused. (3) The exhibits may be returned except 1, 3, 6, 7 and A. Catchwords: Development application: Provision of a new hardstand car space within the front setback area, inconsistent with character of the area, inadequate length, non- compliance with relevant controls and standards, precedent and loss of on-street parking space. Legislation Cited: Environmental Planning and Assessment Act 1979 Randwick LEP 2012; Randwick DCP 2013 Cases Cited: Defterios v Woollahra Municipal Council [2007] NSWLEC 434 Deguara v Waverley Council [2012] NSWLEC 1305 Category: Principal judgment Parties: Christopher Raymond Bellenger (First Applicant) Janice Merle Bellenger (Second Applicant) Randwick City Council (Respondent) Representation: Counsel: Mr J Rafferty (Applicant)
Solicitors: Mr R Tong, WB Scott and Tong Solicitors (Applicant) Ms V McGrath, Norton Rose Fulbright Australia (Respondent) File Number(s): 155403 of 2016
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