NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bird v Waverley Council [2016] NSWLEC 1589 Hearing dates: 17,18 November 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1. The appeal is dismissed. 2. Development Application DA/573/2015 for alterations and additions to an existing semi-detached dwelling at 36 Dudley Street, Bondi is refused. 3. The exhibits are returned with the exception of Exhibit 2, B and C. Catchwords: DEVELOPMENT APPEAL: Deferred commencement condition – semi-detached dwelling – uniformity with adjoining semi – streetscape and visual impact of upper level balcony in front façade. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC1001
Project Venture Developments v Pittwater Council [2005] NSWLEC 191
Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151
Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Nil Category: Principal judgment Parties: Jon Bird (Applicant) Waverley Council (Respondent) Representation: Solicitors: Mr M McMahon, M. E. McMahon & Associates (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2016/00223628 Publication restriction: No
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