Towndrow Design Pty Ltd v Lake Macquarie City Council [2006] NSWLEC 371

Land and Environment Court of New South Wales

CITATION : Towndrow Design Pty Ltd v Lake Macquarie City Council [2006] NSWLEC 371

APPLICANT Towndrow Design Pty Ltd PARTIES : RESPONDENT Lake Macquarie City Council

FILE NUMBER(S) : 11402 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Heritage area, construction of dual occupancy, streetscape, internal amenity

LEGISLATION CITED: Environmental Planning and Assessment Act Lake Macquarie Local Environmental Plan 2004

DATES OF HEARING: 22/06/2006

EX TEMPORE JUDGMENT DATE : 06/22/2006

APPLICANT Mr C Shaw, solicitor SOLICITORS Shaw Reynolds Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr G Long, solicitor SOLICITORS Grant W Long

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

22 June 2006

11402 of 2006 Towndrow Design Pty Ltd v Lake Macquarie City Council JUDGMENT

This decision was given extemporaneously. It has been revised and edited prior to publication.

Background 1 This appeal was lodged against council's refusal of a development application for the demolition of an existing dwelling and construction of a detached dual occupancy development at 3 Renwick Street, Toronto. 2 For the appeal, the following issues were initially identified: * Heritage impacts, in terms of proposals compatibility with the character of the Toronto Heritage Precinct and Renwick streetscape, * Internal amenity, in terms of the solar access, privacy and private outdoor areas, * Compliance with the BCA, * Impacts on significant Norfolk Island Pine, located in the front setback area, * Public interest.