Slater v Bankstown City Council [2004] NSWLEC 110

Land and Environment Court of New South Wales

CITATION : Slater v Bankstown City Council [2004] NSWLEC 110 APPLICANTS Philip and Marilyn Slater PARTIES : RESPONDENT Bankstown City Council FILE NUMBER(S) : 11481 of 2003 CORAM: Brown C Development Application :- demolition of existing buildiong construction of an attached dual occupancy and detached garages KEY ISSUES: minimum lot width overlooking safety and security Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Bankstown Local Environmental Plan 2001 CASES CITED: Winten Property Group v North Sydney Council (2001) NSWLEC 46 DATES OF HEARING: 19/03/2004 DATE OF JUDGMENT: 03/19/2004

APPLICANT Litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: 5

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11481 of 2003 Brown C 19 March 2004 Philip and Marilyn Slater Applicant

v Bankstown City Council Respondent Judgment

1. This is an appeal against the refusal by Bankstown City Council of DA 93/2003 for the demolition of an existing dwelling and the construction of an attached dual occupancy and detached garages at 1 Segers Avenue, Padstow. Access to the garages is obtained from Padstow Lane. While originally set down as a Court Hearing, the parties agreed that the proceedings could be conducted as an On Site Hearing.