NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Incoll Management Pty Ltd v Kogarah Municipal Council [2004] NSWLEC 100 PARTIES : Kogarah Municipal Council FILE NUMBER(S) : 10964 of 2003 CORAM: Tuor C. Development Application :- Aged care facility KEY ISSUES: bulk and scale residential amenity traffic and parking Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No5 Kogarah Local Environmental Plan 1998 CASES CITED: DATES OF HEARING: 25 and 26 November 2003 DATE OF JUDGMENT: 03/19/2004
APPLICANT Mr B Walker SC Mr G Newport, Barrister SOLICITORS LEGAL REPRESENTATIVES: Bowen & Gerathy
RESPONDENT Mr C Leggat SOLICITORS Abbott Tout
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10964 of 2003
Tuor C
19 March 2004 INCOLL MANAGEMENT PTY LTD Applicant v KOGARAH MUNICIPAL COUNCIL Respondent Judgment
Introduction 1 This is an appeal against the refusal by Kogarah Municipal Council (the council) of a development application for alterations and additions to an existing aged care facility at No 16 – 24 Cheddar Street, Blakehurst. The site and its context 2 The site (being lots 11, 12, 13 and 15 DP 7575 and lots A and B DP377799) is located on the southern side of Cheddar Street, about 80m east from its intersection with King Georges Road. It has an area of 5996m2 with a frontage of about 76m to Cheddar Street and a variable depth of about 78m.
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