Sanna V & S v Kiama Municipal Council [2003] NSWLEC 405

> Land and Environment Court of New South Wales

CITATION : Sanna V & S v Kiama Municipal Council [2003] NSWLEC 405 APPLICANT Vincent and Sharon Sanna PARTIES : RESPONDENT Kiama Municipal Council FILE NUMBER(S) : 10568 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- For a dual occupany - Erection of asecond dwelling

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kiama Local Environmental Plan Environmental Planning Policy No. 1 SEPP 1 CASES CITED: Winton Property Group Ltd v North Sydney Council (2001) NSWLEC 46; Hooker Corporation v Cripps DATES OF HEARING: 19/11/03 and 20/11/03 EX TEMPORE JUDGMENT DATE : 11/20/2003

APPLICANT Mr G Gleeson, solicitor SOLICITORS Morton & Harris

LEGAL REPRESENTATIVES: RESPONDENT Mr P V Moggach, solicitor SOLICITORS Kearns & Garside

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10568 of 2003 Murrell C 20 November 2003 Vincent and Sharon Sanna Applicant v Kiama Municipal Council Respondent Judgment

1. This is an appeal under s 97 of the Environmental Planning and Assessment Act against Kiama Municipal Council's refusal of a development application for a dual occupancy development at the property known as 106 Charles Parade, Minnamurra.

2. The proposal is for the erection of a second dwelling on the allotment of land. The allotment of land is 746 m squared and approximately 12.2 m wide with a length of 61.2 metres. The subject property has frontage to Charles Avenue and it also has water frontage to the Minnamurra River. The area is one that can be generally described as low density residential development within the 2A zone of the Kiama Local Environmental Plan.