Sargent-Wilson & Anor v Wollongong CC [2006] NSWLEC 726

Land and Environment Court of New South Wales

CITATION : Sargent-Wilson & Anor v Wollongong CC [2006] NSWLEC 726

PARTIES : APPLICANT Adam Sargent-Wilson & Kerrin Sargent-Wilson

FILE NUMBER(S) : 11376 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal - Development Application :- two lot subdivision, floor space ratio, building footprint, height, impact on character of area, impact on amenity of adjoining properties, canopy trees, restricted building area.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wollongong Development Control Plan Wollongong Local Environmental Plan

DATES OF HEARING: 30/10/06

EX TEMPORE JUDGMENT DATE : 10/30/2006

APPLICANT Mr P. Moggah, solicitor of Kearns & Garside with RMB Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Mantei, solicitor of Kells the Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 October 2006

11376 of 2005 Adam Sargent-Wilson & Anor v Wollongong City Council

JUDGMENT 1 This is an extempore judgment for a matter that commenced before me 20 June 2006. The appeal is under s 97 of the Environmental Planning and Assessment Act (the Act) against Wollongong City Council's refusal of a development application for a two lot subdivision for the property known as 16 Blackwood Place, Woonona. The subject site is 984 square metres with boundaries of approximately 33 m and 40 m. It is an odd-shaped allotment and is accessed via Blackwood Place. There is also an access handle over part of the subject site which also serves the adjoining property.