Windon v Kogarah Council [2005] NSWLEC 319

Land and Environment Court of New South Wales

CITATION : Windon v Kogarah Council [2005] NSWLEC 319

APPLICANT Barry Windon

PARTIES : RESPONDENT Kogarah Council

FILE NUMBER(S) : 11132 of 2004

CORAM: Nott C

Development Application :- to build a dual occupancy and to subdivide the land into two lots - streetscape - noncompliance with development standard re the width of the lane on a corner lot - privacy - loss of outlook - traffic and parking KEY ISSUES:

Environmental Planning and Assessment Act 1979, s 97 Kogarah Local Environment Plan 1998 LEGISLATION CITED: State Environmental Planning Policy No.1 - Development Standards Better Home Design Guide Residential Development Control Plan

DATES OF HEARING: 31/05/2005 and 01/06/2005 EX TEMPORE JUDGMENT DATE : 06/01/2005

APPLICANT Mr B. Goldsmith, agent of BT Goldsmith Planning Services

LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Schofield, solicitor of Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

1 June 2005

11132 of 2004: Barry Windon v Kogarah Council

JUDGMENT

1 This is an appeal against the council's refusal of a development application to demolish an existing dwelling-house at 39 Lynwood Street, Blakehurst, to erect a dual occupancy and to sub-divide the land into two lots. 2 The subject land has an area of 748.4 sq m. It has a frontage on the south to Lynwood Street of 15.24 m. Its western side boundary is Lynwood Lane. Lynwood Lane near its intersection with Lynwood Street is a grassed area for pedestrian access only. Partway down the western side boundary of the subject land, the lane turns into a trafficable route. The width of the lane is 6 m.