Ghosn v Kogarah Municipal Council [2004] NSWLEC 510

Land and Environment Court of New South Wales

CITATION : Ghosn v Kogarah Municipal Council [2004] NSWLEC 510 APPLICANT Gus Ghosn v Kogarah Municipal Council PARTIES : RESPONDENT Kogarah Municipal Council FILE NUMBER(S) : 10469 of 2004 CORAM: Hoffman C KEY ISSUES: Development Consent :- Appeal against conditions of consent - height and bulk on a prominent site - privacy for neighbours - protection of trees on public land LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 26/07/2004 and 11/08/2004 EX TEMPORE 08/11/2004 JUDGMENT DATE :

APPLICANT Mr M E Ball, town planner

LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

11 August 2004

10469 of 2004 Gus Ghosn v Kogarah Municipal Council

JUDGMENT

1 This was a class one appeal No. 10469/2004 between Gus Ghosn and Kogarah Municipal Council in regard to conditions of consent No. 747/03 for a three-storey house at No. 22 Woodlands Avenue, Blakehurst. The site was the last house in the street and was on the headland of Shipwrights Bay above the Georges River. There was a public reserve on the steep slope below the house down to the foreshore. There was a clear view of the site from Tom Ugly's Bridge just a short distance across the bay and also it was seen from Sylvania to the south and parts of Kangaroo Point. 2 The existing house and two angophora trees were to be demolished and a large house had been approved by council on the allotment that was only 641 sq m in area. 3 The Court heard the respondent's evidence from: § Mr N Katris, objector, of No. 15 Woodlands Avenue, a house on the opposite side of the street to the proposal and