NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Grundy v Waverley Council [2016] NSWLEC 1526 Hearing dates: 14,15 July 2016, submissions 25 August 2016, interim findings 26 October 2016, conditions 7 November 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No DA-20/2015 for the demolition of all existing improvements and the construction of a new dwelling house at 15 Gaerloch Avenue, Tamarama is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing improvements and the construction of a dwelling house – view loss - breach of FSR and height development standards - inadequate rear setback Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environmental Plan 2012 Cases Cited: Bettar v The City of Sydney [2014] NSWLEC 1070 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: Garth Grundy (Applicant) Waverley Council (Respondent) Representation: Counsel: Mr C McEwan SC (Applicant) Mr S Patterson, solicitor (Respondent)
Solicitors: Pikes & Verekers Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/154252 Publication restriction: No
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