Better Buildings Pty Ltd v Hawkesbury City Council [2005] NSWLEC 711

Land and Environment Court of New South Wales

CITATION : Better Buildings Pty Ltd v Hawkesbury City Council [2005] NSWLEC 711

APPLICANT Better Buildings Pty Ltd

PARTIES : RESPONDENT Hawkesbury City Council

FILE NUMBER(S) : 10409 of 2005

CORAM: Hussey C

KEY ISSUES: Appeal :- Commercial/residential development - zone objectives - sufficiency of parking - parking amenity - public interest

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 18/10/2005

DATE OF JUDGMENT: 10/18/2005

APPLICANT Mr C Gough, solicitor SOLICITORS Storey & Gough

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

18 October 2005

10409 of 2005 Better Buildings Pty Ltd v Hawkesbury City Council

JUDGMENT The following decision and orders were handed down extempore on 18 October 2005. Some minor alterations and additions have been made in the interests of clarity and completeness.

Background

1 This appeal was lodged against council's deemed refusal of a s 96 application to modify a consent for a mixed use commercial/residential development at 8-14 Bosworth Street, Richmond. The approved development is 3 storeys, and was amended to contain 25 residential units, 14 commercial units, 10 of which may be adapted for residential use.