NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Foneg Pty Limited [2004] NSWLEC 26 APPLICANT Foneg Pty Limited PARTIES : RESPONDENT Auburn Council FILE NUMBER(S) : 10925 of 2003 CORAM: Watts C Development Application :- Multiple dwellings Whether or not the proposal would be compatible with the existing and likely future character of the area and the amenity of nearby properties in terms of scale - bulk - height - siting - landscaping - and car parking KEY ISSUES: Whether or not all car parking should have been located underground in a basement Whether or not the minimum rear-building setback should have been 20m.
Auburn Local Environmental Plan 2000, (ALEP2000) LEGISLATION CITED: Auburn Development Control Plans 2000 - General Requirements, (DCPGR) Auburn Development Control Plans 2000 - Multiple Dwellings, (DCPMD) Environmental Planning and Assessment Act 1979, ss79C and 97 CASES CITED: DATES OF HEARING: 28, 29/01/04 and 1/2/04 DATE OF JUDGMENT: 02/10/2004
APPLICANT Mr D J Galpin, barrister, instructed by Mr R Creighton, agent
LEGAL REPRESENTATIVES: RESPONDENT Ms C A Schofield, solicitor of Pike Pike and Fenwick
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10925 of 2003 Watts C 10 February 2004 Foneg Pty Limited Applicant v Auburn Council Respondent Judgment
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