Bandong v Penrith City Council

Land and Environment Court New South Wales Medium Neutral Citation: Bandong & Anor v Penrith City Council [2014] NSWLEC 1226 Hearing dates:27 October 2014Decision date: 04 November 2014 Jurisdiction:Class 1Before: Pearson C Decision: 1. The appeal is dismissed.2. The exhibits, except Exhibits 1,4 and B, are returned. Catchwords: DEVELOPMENT APPLICATION - Construction of deck - Condition requiring modification - Privacy impacts - Easement Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Penrith Local Environmental Plan 1998 Urban Land Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Meriton Property Services Pty Ltd v Minister for Planning and Infrastructure [2013] NSWLEC 1260 Meriton v Sydney City Council [2004] NSWLEC 313 Super Studio v Waverley Council [2004] NSWLEC 91 Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 Category:Principal judgmentParties: Jose Bandong (First Applicant) Carolyne-Jane Bandong (Second Applicant) Penrith City Council (Respondent) Representation: Mr S Nash (Respondent) Mr J Bandong (in person) Mr M Bullivant, Penrith City Council (Respondent) File Number(s):10612 of 2014 JudgmentMr and Mrs Bandong have appealed under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against a condition imposed on a development consent granted on 20 February 2014 by the respondent Council to development application DA13/1170 for the construction/repair of a deck at the rear of their house at 25 Fireball Avenue Cranebrook (the site).The site is located in an area of low density residential development with a mixture of single and two storey dwellings. The house...