Wu v Ashfield Council - [2009] NSWLEC 1191

Land and Environment Court

of New South Wales

CITATION: Wu v Ashfield Council [2009] NSWLEC 1191

PARTIES:
APPLICANT
Wu, Bing
RESPONDENT
Ashfield Council

FILE NUMBER(S): 11168 of 2008

CORAM: Murrell C

KEY ISSUES: CONSENT ORDERS :- privacy; overlooking; impact on heritage and residential amenity.

LEGISLATION CITED: Ashfield Local Environmental Plan 1985
Ashfield Development Control Plan

DATES OF HEARING: 4 June 2009

EX TEMPORE JUDGMENT DATE: 4 June 2009

LEGAL REPRESENTATIVES:
APPLICANT
Tina Spiegal (Solicitor)
SOLICITOR
Spiegel & Associates Pty Ltd
RESPONDENT
Naomi Jones (Solicitor)
SOLICITOR
Wilshire Webb Staunton Beattie Lawyers

JUDGMENT:

- 4 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Murrell C

4 June 2009

This determination was given extemporaneously
and has been edited prior to publication

1 COMMISSIONER: The applicant in these proceedings is seeking to undertake alterations and additions to the property known as 181 Victoria Street Ashfield.

2 The parties today have proposed consent orders at this on-site hearing. The respondent initially refused the development application and subsequently amended plans were submitted by the applicant with the leave of the Court.

3 The subject site is some 511 sq m and is zoned residential 2A under the Ashfield Local Environmental Plan 1985. The site is not in a conservation area but is located within the proposed Harland Estate Conservation Area. The property is not a heritage item, however it is located within the vicinity of the heritage items at 175 and 185 Victoria St Ashfield.

4 The proposal complies with the provisions of the Ashfield LEP and councils’ Development Control Plan requirements. The proposal was recommended for approval subject to conditions, however the council refused the application at its meeting of 14 October 2008. The maximum permitted FSR for the site is 0.55:1 and the proposal is 0.43:1. Similarly the landscaped area complies with the requirement of 50% and the soft landscaping area of 230 sq m exceeds the minium requirement of soft landscaped area of 85 sq m. The proposal is similar in scale and bulk to the houses at 183 and 185 Victoria St which are two storey dwellings. The proposal will not create any additional shadows on the objectors properties between 9 am and 3 pm on the 21 June and the proposal complies with the DCP requirements for solar access.

5 The Court has the benefit of an inspection this morning and has also heard from a resident objector at the rear of the subject property Ms Scholz-Wulfing of 8 Service Ave Ashfield. Ms Scholz-Wulfing is concerned about being able to view the proposed satellite dish on the corner of the brick and tile garage at the rear of the site. The diameter of the satellite dish is 2.3 m and of a black transparent material. It is proposed that the satellite dish be placed on the corner of the separate garage building and for it not to protrude higher than the existing ridge line of the garage.

6 The Court has the opportunity with the parties of viewing the subject premises from the property of the objector. She also is concerned about the privacy/overlooking of her rear yard and living area and the bathroom at the rear of her dwelling. She is concerned about the overlooking from the upstairs balcony that is proposed off the main bedroom ensuite and also with an access door from another bedroom at the upper level.

7 The council proposed a number of conditions including that there be landscaping at the rear of the subject property and that there be a return screen on the upper balcony to mitigate overlooking of adjoining properties to the side and to the rear.

8 In the council’s bundle of documents there is also a letter of objection from Ms Selwood also of Service Ave, who is concerned about the negative effect on the privacy in her backyard from views of the second storey windows and terrace doors of the proposal.

9 I note that the separation distance from Ms Scholz-Wulfing’s residence to the rear of the subject property with the proposed alterations and additions will be in excess of 30 m.

10 Following discussion of the proposed landscaping the applicant has now agreed to plant a row of Lilly Pillies to attain a height to provide filtering of the satellite dish and the view from the first floor balcony off the bedrooms. The applicant has also agreed to plant a canopy tree in the rear yard to provide a filtering effect of the built form from adjoining properties.

11 The dwelling house is not in a conservation area and is not a heritage item however, heritage experts were in attendance at the on-site hearing today and they agreed that the alterations and additions are in sympathy with the architectural style of the dwelling and they agreed the proposal is satisfactory and will not impact on the heritage items in the vicinity. The planners were also present as was the architect and it is agreed the proposed development will have no adverse impact to warrant refusal.

12 I have carefully considered the evidence to the Court and the viewing from the property at the rear and the concern of overlooking. I am satisfied that with a separation distance of more than 30 m that no unreasonable adverse overlooking would be created by the proposed development. Similarly, I am satisfied that whilst the satellite dish may be visible the additional landscaping proposed and the location of same, while it may allow for a filtered view of the satellite dish, this would not warrant refusal of the application.

13 By way of comment, the separation distances are well in excess of what are rules of thumb for suburban situations and a certain degree of mutual overlooking at the distances shown on the plan is not unreasonable and should be accepted as part of suburban living.

14 I am satisfied with the amended plan and the proposed amended landscaping that there is no reason as to why the Court should not agree to the consent orders proposed by the parties.

15 Accordingly on the basis of my assessment, the Orders of the Court by consent are;

1. The appeal in respect of the property known as 181 Victoria Street Ashfield, is upheld.

2. The development application submitted to Ashfield Council and as amended is approved subject to the conditions in Annexure ‘A’.

___________________

Annexure ‘A’

Conditions of Consent

Wu v Ashfield Council

DA 2008.168.1

181 VICTORIA STREET, ASHFIELD 2131

Description of Work as it is to appear on the determination:

Alterations and additions to an existing single storey house comprising of a laundry, bathroom ensuite, bedroom, dining room, rear patio, new windows to lounge room, removal of windows to front verandah and removal of a wall adjacent to entry on the ground floor level with two bedrooms , study, ensuite, walk in robe, front and rear terrace on the first floor level.

A General Conditions

(1) Approved plans stamped by Council

The development must be carried out only in accordance with the plans and specifications set out on drawing numbers 100 Issue H, 101 Issue J, 102 Issue H, and 103 Issue J, prepared by Archistudio 67 dated 27 February 2008, and any supporting documentation received with the application, except as amended by the conditions specified hereunder.

B Design Changes

(1) Privacy

In order to preserve the privacy of adjoining properties, the following amendments are necessary:

I. Screening devices comprising lattice or louvres of 66% density, 1.8m metres high and 2.3m metres in length are to be attached to the north, south sides and returning at least 900mm along the western side at both ends of the rear first floor terrace to ensure privacy and amenity is maintained to the adjoining properties.

II. A minimum of four mature Lilly Pillys (syzigium paniculatum) are to be planted in a row approximately 1 to 1.5m from the rear boundary of the property, having regard to the location of the sewer line, to screen the development, including the satellite dish from the view of properties in Service Avenue.

III. At least one mature Water Gum (tristaniopsis laurina) is to be strategically planted in the rear yard of the property to filter the view of the rear of the dwelling from the adjoining properties at the rear.

IV. Obscure glass is to be provided to the western windows and door of the proposed ensuite and wardrobe on the first floor level.

Details of the above privacy screens are to be submitted with the application for a Construction Certificate.

(2) Satellite Dish

The satellite dish shall be located on the south eastern side of the garage and the dish shall be no higher than the existing ridge height of the garage. This is to be identified on the plans submitted with the Construction Certificate.

(3) Window to Bedroom 3

An additional window to bedroom 3 is to be incorporated in the first floor addition on the western elevation, having the same dimensions as the window to the walk in robe, being 600mm x 600mm and sill height to match the adjacent window, comprising clear glass to match adjacent bedroom 3 window. The window should be located in a position which mirrors the window to the walk in robe. The purpose of this window is to allow greater natural light to reach bedroom 3, having regard to the position of the privacy screens on the rear balcony.

C Conditions that must be satisfied prior to issuing/releasing a Construction Certificate

(1) Damage deposit/footpath, road, kerb and gutter

A Damage Deposit of $5,000 is to be submitted prior to the release of the Construction Certificate covering repair and/or replacement of adjoining footpath, road shoulder, road pavement, kerbing and guttering both outside the subject site and the surrounding area. This is to be paid to Council and may be refunded subject to satisfactory completion of construction or demolition.

This Damage Deposit covers unforeseen damage to the above property by construction vehicles, skip bins, construction methods etc. Note: Should repair works or maintenance be required on Council land, a Road Opening Permit must be obtained before those works take place.

are accepted in lieu of any Council security deposit/bond subject to the following:

A charge equal to the value multiplied by the current “overdue rates interest charge” be levied, per month or part thereof, with a minimum charge of three months is to be paid upon lodgement.
Any remaining charge is to be calculated at the prevailing "overdue rates interest rate" for each month or part thereof beyond the original three months that the Bank Guarantee was held, and paid prior to its release.
Any costs incurred in the acceptance, administration or release of such Bank Guarantees be on-charged to the entity claiming the release of such Bank Guarantee, and that these amounts be paid prior to its release.
At the time of lodgement, Council will seek verification of the Bank Guarantee. Please provide contact details for the branch (phone number and officer) to assist with verification of the bona fides of the Bank Guarantee.

Until all items above are completed, no documents or usage sought from Council by the party lodging the Bank Guarantee can be issued. Please allow a minimum of 2 business days for this process.

(2) Long service levy

Compliance with Section 109F of the Environmental Planning and Assessment Act 1979 – payment of the long service levy under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – is required. All building works in excess of $25,000.00 are subject to the payment of a Long Service Levy at the rate of 0.35%.

0.35% X $700,000 = $2,450

(3) Home Building Act 1989 Insurance

Compliance with Part 6 of Home Building Act 1989 is required. A copy of either the Builder’s Indemnity Insurance OR a copy of the Owner-Builder’s Permit shall be submitted to Council.

D Conditions that must be complied with before work commences

(1) Notice of Commencement – Notification of Works

Work must not commence until the Principal Certifying Authority or the person having the benefit of the development consent has given Notification in Writing to Council no later than two days before the building work commences.

(Section 81A & Section 86 of the E.P. & A. Act 1979).

(2) Requirement for a Construction Certificate

In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 the erection of a building and/or construction works must not commence until:

(a) detailed plans and specifications of the building have been endorsed with a Construction Certificate by:

(i) Council; or

(ii) an accredited certifier; and

(b) a principal certifying authority (PCA) has been appointed and the Council has been notified in writing of the appointment, and

The documentation required under this condition shall show that the proposal complies with all development consent conditions and the Building Code of Australia.

Note: If the principal certifying authority is the Council, the appointment will be subject to the payment of a fee for the service to cover the cost of undertaking building work and / or civil engineering inspections.

WARNING: Failure to obtain a Construction Certificate prior to the commencement of any building work is a serious breach of Section 81A(2) of the Environmental Planning & Assessment Act 1979. It is a criminal offence that attracts substantial penalties and may also result in action in the Land and Environment Court and orders for demolition.

(3) Inspections required by Principal Certifying Authority

If Council is selected as the Principal Certifying Authority (PCA) inspections will be required and must be paid for in accordance with the following fees:

(i) Commencement of building works $220.00

(ii) After excavation, and prior to the placement of footings $220.00

(iii) Prior to covering any slab steel or piers and/or reinforcement $220.00

(iv) Prior to covering any framework (floor, wall, or roof) $220.00

(v) Prior to covering any waterproofing in any wet areas $220.00

(vi) Prior to covering any stormwater and connections $220.00

(vii) After building work has been completed and prior

to occupation $220.00

Total Cost of Inspections $1,540.00

Note: The above fees are only valid until 30 June 2009 following which the charges will be reassessed. If additional inspections are required, an additional fee is payable for each inspection. A minimum of 24 hours notice is required to be given to Council to obtain an inspection. Work is not to proceed until the works or activity covered by each inspection is approved.

(4) Site Controls

Sediment and erosion controls must be in place before work is commenced on the site. The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils’ Stormwater Pollution Control Code for Local Government.

Material from the site is not to be tracked onto the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.

A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing. Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.

The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.

(5) Sanitary facilities - demolition/construction sites

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

The provision of toilet facilities in accordance with this clause must be completed before any other work is commenced.

(6) Building location - check survey certificate

To ensure that the location of the building satisfies the provision of the approval, a check survey certificate shall be submitted to the Principal Certifying Authority either prior to the pouring of the ground floor slab or at dampcourse level, whichever is applicable or occurs first, indicating the: -

(i) location of the building with respect to the boundaries of the site;

(ii) level of the floor in relation to the levels on the site (all levels are to be shown relative to Australian Height Datum);

(iii) site coverage of the buildings on the site.

(7) Site fencing/security

The site must be appropriately secured and fenced to the satisfaction of Council during demolition, excavation and construction work to ensure there are no unacceptable impacts on the amenity of adjoining properties. Permits for hoardings and or scaffolding on Council land must be obtained and clearly displayed on site.

(8) Support for neighbouring buildings and notice to adjoining owners

(1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

(a) must preserve and protect the building from damage, and

(b) if necessary, must underpin and support the building in an approved manner, and

(2) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

Notes:

(i) Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of any works.

(ii) allotment of land includes a public road and any other public place.

(9) Sydney Water approval

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site: , see Your Business then Building & Developing then Building & Renovating or telephone Sydney Water 13 20 92.

The consent authority or a private accredited certifier must either

ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate; or
if there is a combined Development/Construction Certificate application or Complying Development, include the above condition as one to be met prior to works commencing on site.

(10) Structural engineer’s details

To ensure compliance with the provision of Section B of the Building Code of Australia structural engineer’s details of all structural elements shall be submitted to the Principal Certifying Authority prior to commencement of work, including:

(i) pier and beam footings;
(ii) reinforced concrete slabs;
(iii) stairs, including patio steps;
(iv) retaining walls

(v) all structural timber including floors, walls and roof; and
(vi) all structural steel.

(11) Structural engineer’s certificate - superimposed loads

A practicing structural engineer’s certificate to be submitted to the Principal Certifying Authority with the Construction Certificate application certifying that the existing dwelling is structurally capable of supporting the superimposed loads of the addition prior to commencement of any building work.

E Conditions that must be complied with during construction or demolition

(1) Locate structures within boundaries

The proposed structure(s) to be erected must stand wholly within the boundaries of the allotment.

(2) Building materials - storage/placement on footpath/roadway - Council approval

All building materials shall be stored wholly within the property boundaries and shall not be placed on the footpath, grass verge or roadway without prior written approval of Council .

Bulk refuse bins shall not be placed on the grass verge, footpath or roadway without Council permission. Application forms and details of applicable fees are available from Council’s One Stop Shop telephone 9716 1800.

(3) Roof water, surface and subsoil drainage

Roofwater, surface and subsoil drainage shall be piped to the street gutter.

(4) Signs to be erected on building and demolition sites

(1) A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

(a) stating that unauthorised entry to the work site is prohibited; and

(b) showing the name and address of the contractor for the building work and the person in charge of the work site and a telephone number at which the person may be contacted outside working hours; and

(c) showing the name, address and telephone number of the Principal Certifying Authority appointed for the building works.

(2) Any-sign shall be maintained and not removed until work has been finished.

(5) Demolition/excavation/construction – hours of work

Demolition, excavation and construction work, including loading and unloading of materials and machinery, shall be restricted to between the hours of 7.00am to 6.00pm, Monday to Saturday inclusive. Work is prohibited on Sundays, and on public holidays.

(6) Demolition requirements/standards

Demolition of rear section of house is to be carried out in accordance with the following:

(a) Australian Standard 2601 and any requirements of the Workcover Authority.

(b) The Waste Management Plan submitted with the Development Application.

(c) The property is to be secured to prohibit unauthorised entry.

(d) All precautions are to be exercised in the handling, removal and disposal of all asbestos materials. Licensed contractors and the disposal of asbestos is to be carried out in accordance with the requirements of the Work Cover Authority.

(e) All other materials and debris is to be removed from the site and disposed of to approved outlets.

(f) Any demolition on the site is to be conducted in strict accordance with, but not limited to, sections 1.5, 1.6, 1.7, 3.1 and 3.9 of the AS 2601 - 1991, demolition of structures. The following measures must be undertaken for hazardous dust control:

(g) Prior to demolition, the applicant shall submit a Work Plan prepared in accordance with AS 2601 by a person with suitable expertise and experience to the Principal Certifying Authority. The Work Plan shall identify any hazardous materials, the method of demolition, the precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials.

(h) Hazardous dust must not be allowed to escape from the site or contaminate the immediate environment. The use of fine mesh dust proof screens, wet-lead safe work practices, or other measures is required.

(i) All contractors and employees directly involved in the removal of hazardous dusts and substances shall wear protective equipment conforming to AS 1716 Respiratory Protective Devices and shall adopt work practices in accordance with WorkSafe Requirements (in particular the WorkSafe standard for the Control of Inorganic Lead At Work (NOHSC: 1012, 1994) and AS 2641, 1998).

(j) Any existing accumulations of dust (eg; ceiling voids and wall cavities must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter and disposed of appropriately.

(k) All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Unclean water from the suppressant spray is not be allowed to enter the street gutter and stormwater systems.

(l) Demolition is not to be performed during high winds that may cause dust to spread beyond the site boundaries without adequate containment.

(m) All lead contaminated material is to be disposed of in accordance with the NSW Environment Protection Authorities requirements.

(n) Construction and demolition waste, particularly timber, bricks and tiles, concrete and other materials need not be disposed of- they can be recycled and resold if segregated properly from any hazardous waste contamination.

(7) Matching materials - repairs to fabric

Matching materials are to be used in repairing the fabric of external surfaces.

(8) Termite treatment

Treatment for the protection of the building from subterranean termites shall be carried out in accordance with AS 3660.1:2000 ‘Protection of Buildings from Subterranean Termites’.

On completion of the installation of the barrier the Principal Certifying Authority shall be furnished with a certificate from the person responsible, stating that the barrier complies with AS 3660.1.

A durable notice shall be permanently fixed to the building in a prominent location, such as the meter box or the like indicating:

the method of protection;
the date of installation;
where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label; and
the need to maintain and inspect the system on a regular basis.

Due to the present limited effective life of soil chemical treatments, Council does not permit hand spraying as a stand alone method of termite protection. It is recommended that any soil chemical treatment should embrace a reticulation system.

(9) Balustrade design requirements

Balustrades shall be constructed in accordance with the following requirements:

(i) The height is not less than 865mm above the nosings of the stair treads or the floor of a ramp.

(ii) The height is not less than:

(a) 1m above the floor of any access path, balcony, landing or the like; or

(b) 865mm above the floor of a landing to a stair or ramp where the balustrade is provided along the inside edge of the landing and does not exceed a length of 500mm.

(10) Waterproofing materials/installation – BCA/Australian Standards

Approved products that are impervious to water shall only be used as a substrate or as a lining and as a finish to floors and walls of wet areas (i.e. bathroom/shower room, WC compartment and laundry). Floors and cubicles shall be properly graded and drained to approved outlets.

The wet areas in the building shall be impervious to water as required by Part 3.8.1 of the Building Code of Australia (BCA). The junction between the floor and wall and the construction of the bath shower recess, basin, sink or the like shall be in accordance with the BCA & AS 3740:2004 ‘Waterproofing of wet areas within residential buildings’.

On completion of the waterproofing of the wet areas, the Principal Certifying Authority shall be furnished with a certificate from the person responsible. This is to state that the materials are suitable for the situation and that the application and/or installation has been carried out in accordance with the manufacturer’s instructions, the BCA and AS 3740.

(11) Safety Glazing - BCA

Safety glazing complying with B1 of the Building Code of Australia (BCA) is to be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with AS 1288:2006 ‘Glass in Buildings – Selection and Installation’.

Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with AS 1288 and Part 3.6.4 of the BCA.

(12) Fire Detection/Alarm System installation and certification

Smoke alarms must be installed in dwellings in accordance with Clause 3.7.2.3 of the Building Code of Australia (BCA) and AS 3786 on or near the ceiling in -

(a) any storey containing bedrooms -

- between each area containing bedrooms and the remainder of the dwelling, including any hallway associated with the bedrooms

(b) any storey not containing bedrooms.

Smoke alarms must be connected to the consumer mains power and have a stand-by power supply.

The licensed Electrical Contractor shall on completion of the installation of the smoke alarm system, submit to the Principal Certifying Authority a certificate certifying compliance with AS 3000 and AS 3786:1993.

(13) BASIX Requirements

The new works shall be constructed in accordance with, and comply with the undertakings given on the BASIX (Building Sustainability Index) Certificate No.A30791 as obtained on 3 July 2008 from the Department of Infrastructure, Planning and Natural Resources. For more information visit .

(14) Road opening permit – Council controlled lands

A road opening permit shall be obtained for all works carried out in public or Council controlled lands. Contact Council’s Engineering Services for details.

This road opening permit covers the direct costs involved in the repair/replacement of works where the public or Council controlled lands are specifically damaged/saw cut etc for the construction of services, stormwater pipes, kerb works, bitumen works, footpath works etc. It is separate from a Damage Deposit as listed elsewhere in these Conditions of Consent.

(15) Materials and colour schemes

Materials of construction are to be as specified in the schedule of finishes submitted with the development application and on the approved plans, except where amended by the conditions hereunder.

(16) Unpainted brick not to be painted

The existing unpainted brick surfaces to the main dwelling are not to be painted.

(17) Rainwater items - design

Quad or “D” shaped gutters only are to be used.

(18) Retaining walls and drainage

If the soil conditions require it:

(a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

(b) adequate provision must be made for drainage.

(19) Southern wall of the addition

The southern wall of the addition is to be setback at least 900mm from the southern boundary and the eaves including gutters to be at least 300mm from the boundary.

F Conditions that must be complied with prior to installation of services

nil

G Conditions that must be complied with before the building is occupied

(1) Approval to use/occupy building

The building or any part thereof must not be used or occupied until an Occupation Certificate has been issued for the class 2-9 buildings, or a completion inspection, has been satisfactorily carried out for class 1&10 structures.

H Conditions that are ongoing requirements of development consents

(1) Privacy screens

The privacy measures and screening devices as indicated in condition B are to be maintained at all times in order to preserve the privacy and visual amenity of the adjoining properties.

(2) Satellite Dish Location

The satellite dish is to remain on the south eastern side of the garage and the height of the dish shall be no higher than the ridge of the garage.

I Advisory Notes

nil

________________________
J S Murrell
Commissioner of the Court
ljr

CITATION:	Wu v Ashfield Council [2009] NSWLEC 1191
PARTIES:	APPLICANT Wu, Bing RESPONDENT Ashfield Council
FILE NUMBER(S):	11168 of 2008
CORAM:	Murrell C
KEY ISSUES:	CONSENT ORDERS :- privacy; overlooking; impact on heritage and residential amenity.
LEGISLATION CITED:	Ashfield Local Environmental Plan 1985 Ashfield Development Control Plan
DATES OF HEARING:	4 June 2009
EX TEMPORE JUDGMENT DATE:	4 June 2009
LEGAL REPRESENTATIVES:	APPLICANT Tina Spiegal (Solicitor) SOLICITOR Spiegel & Associates Pty Ltd RESPONDENT Naomi Jones (Solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers