GLDN Pty Ltd v Cessnock City Council [2006] NSWLEC 186

Land and Environment Court of New South Wales

CITATION : GLDN Pty Ltd v Cessnock City Council [2006] NSWLEC 186

APPLICANT GLDN Pty Ltd PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10767 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- Useable open space, streetscape, solar access to private courtyards and living rooms, vehicle manoeuvring, visual privacy of living rooms, visual and acoustic privacy of bedrooms

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Cessnock Local Environmental Plan 1989

CASES CITED: Meriton v Sydney City Council [2004] NSWLEC 313

DATES OF HEARING: 23/01/2006

DATE OF JUDGMENT: 04/18/2006

APPLICANT Mr P Sladen, agent LEGAL REPRESENTATIVES: RESPONDENT Mr R Mallik, solicitor SOLICITORS Cleaves Mallik Gibbs

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

18 April 2006

10767 of 2005 GLDN Pty Ltd v Cessnock City Council

JUDGMENT

1. This is a class one appeal No. 10767 of 2005 between GLDN Pty Ltd and Cessnock City Council in regard to the deemed refusal of a proposal to demolish an existing house and erect four villa units at No. 30 Rawson Street, Aberdare.

2. The locality is one of wide streets up to 30 m road reservation with grass table drains and verges and centre sealed road. The next city block west on Rawson Street from the site has a local school. Down hill one city block are local shops, a hotel, bowling club and another block down playing fields.