Kilzi v Cowra Shire Council [2020] NSWLEC 1566

Land and Environment Court New South Wales

Medium Neutral Citation: Kilzi v Cowra Shire Council [2020] NSWLEC 1566 Hearing dates: 6 November 2020 Date of orders: 18 November 2020 Decision date: 18 November 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans subject to the Applicant paying the Respondent's costs thrown away as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development consent for Development Application No DA 109/2019 seeking consent for 7 detached dwellings and an 8-lot community title subdivision on Lot 7 in DP 1250412 otherwise known as 13 Tokyo Terrace, Cowra is refused. (4) All Exhibits are returned, except for Exhibit A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – terrestrial biodiversity – effect of proposed development on heritage significance – likely environmental impacts - solar access – site analysis Legislation Cited: Cowra Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Hospital Action Group Association Inc v Hastings Municipal Council (1993) 80 LGERA 190 Schaffer Corp Ltd v Hawkesbury City Council (1992) 77 LGRA 21 Texts Cited: Cowra Development Control Plan 2014 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' Valley View Estate Building and Site Design Guidelines Category: Principal judgment Parties: Michael Kilzi (Applicant) Cowra Shire Council (Respondent) Representation: Counsel: M Seymour (Applicant) R White (Respondent)