P D Anderson Holdings Pty Ltd v Newcastle City Council [2005] NSWLEC 17

Land and Environment Court of New South Wales

CITATION : P D Anderson Holdings Pty Ltd v Newcastle City Council [2005] NSWLEC 17

APPLICANT P D Anderson Holdings Pty Ltd PARTIES : RESPONDENT Newcastle City Council

FILE NUMBER(S) : 10475 of 2004

CORAM: Hoffman C

Development Consent :- refusal for two two storey townhouses - overdevelopment of site - height - bulk and scale - streetscape - setbacks - character - architectural design - heritage KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Lower Hunter Urban Housing Development Control Plan Newcastle Local Environmental Plan 2003

DATES OF HEARING: 10/12/2004 EX TEMPORE JUDGMENT DATE : 01/19/2005

APPLICANT Mr P McEwen, SC Instructed by Paul Hines Solicitor

LEGAL REPRESENTATIVES:

RESPONDENT Mr J Maston, barrister Instructed by Sparke Helmore

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

19 January 2005

10475 of 2004 P D Anderson Holdings Pty Ltd v Newcastle City Council

JUDGMENT 1 This was a class 1 appeal No. 10475 of 2004 between Newcastle City Council and PD Anderson Pty Limited in regard to the refusal of consent for two, two storey townhouses at No. 55 Glebe Road, The Junction.

2 The site for the townhouses has a frontage of 13 m to Glebe Road, and an area of about 212 sq m. It is relatively flat with an existing single storey house, and two frangipani trees out the front. The applicant had drawn a number of different designs during negotiation with council staff, since the original application in February 2003. The final design in Exhibit A as modified by Annexure M to Exhibit C were for 2 one-bedroom semi-detached townhouses, each with a garage, entry, laundry, bedroom and bathroom on the ground floor, and living rooms on the first floor, each with a balcony overlooking Glebe Road on the north side of the site.