Sangha Holdings Pty Limited v Kogarah Council [2001] NSWLEC 179

Land and Environment Court of New South Wales

CITATION : Sangha Holdings Pty Limited v Kogarah Council [2001] NSWLEC 179 APPLICANT Sangha Holdings Pty Limited PARTIES : RESPONDENT Kogarah Council FILE NUMBER(S) : 10056 of 2001 CORAM: Cowdroy J KEY ISSUES: Development Consent :- appeal against council refusal of development consent for medium density housing - retention of heritage building of regional significance LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C, s 97 CASES CITED: Colon Peaks Mining Co No Liability v Wollondilly Shire Council (1911) 13 CLR 438 DATES OF HEARING: 26/6/01, 27/6/01, 28/6/01, 29/6/01, 16/7/01, 17/7/01 DATE OF JUDGMENT: 08/23/2001

APPLICANT Mr J Webster (Barrister)

SOLICITORS Swaab Attorneys LEGAL REPRESENTATIVES: RESPONDENT Mr S Berveling (Solicitor)

SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND MATTER No. 10056 of 2001 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 23/8/01

Sangha Holdings Pty Limited Applicant v Kogarah Council Respondent JUDGMENT

Facts

1 Sangha Holdings Pty Limited ("the applicant") instituted class one proceedings on 19 January 2001 following the deemed refusal by Kogarah Council ("the council") of the applicant's development application 670/2000, for a development of seven townhouses, ("the application"). 2 The application was submitted to the council on 1 December 2000. It was made in respect of the conversion of the existing heritage building into two town houses and the erection of five townhouses, with underground car parking and landscaping at land being Lot A DP 29102, situated at 4 Marie Dodd Crescent, Blakehurst ("the land"). Subsequently the application was amended to include the demolition of part of the existing dwelling. 3 I have been assisted during the hearing and with the preparation of these reasons by Commissioner S J Watts and together we accompanied the parties on a site inspection on the second day of proceedings. The Court has also considered the evidence from the following expert witnesses:-