Abdo v Wyong Shire Council [2004] NSWLEC 176

Land and Environment Court of New South Wales

CITATION : Abdo v Wyong Shire Council [2004] NSWLEC 176

APPLICANT PARTIES : Leba Abdo

RESPONDENT Wyong Shire Council FILE NUMBER(S) : 11213 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- proposed five residential flat buildings containing 40 units - actual zoning 2(e) - what is an overdevelopment? - density of development more akin to 2(c) zone - inadequate facilities in the locality LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 01/03/04 - 03/03/04 EX TEMPORE 03/03/2004 JUDGMENT DATE :

APPLICANT Mr A J J Thompson, barrister SOLICITORS Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENT Mr R K Graham, solicitor SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11213 of 2003

Nott C

3 March 2004

Leba Abdo Applicant v Wyong Shire Council Respondent

Reasons for Judgment

1. This is an appeal against the council's refusal of a development application to erect five residential flat buildings at the corner of the Pacific Highway and Figtree Boulevard, Wadalba. These five residential flat buildings are of two storeys in height over a basement carpark. It is proposed that there be a total of 40 units comprising 28 two-bedroom units and 12 three-bedroom units. Carparking was proposed for seventy five vehicles including visitor spaces.