Carantinos v Gosford City Council [2006] NSWLEC 353

Land and Environment Court of New South Wales

CITATION : Carantinos v Gosford City Council [2006] NSWLEC 353

APPLICANT Michael and Susan Carantinos PARTIES : RESPONDENT Gosford City Council

FILE NUMBER(S) : 10750 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Residential subdivision, extent of access road construction, drainage, public interest

Environmental Planning and Assessment Act 1979 Gosford Planning Scheme Ordinance Development Control Plan No. 112 - Residential Subdivision LEGISLATION CITED: Development Control Plan No. 5 - Narara Fisheries Management Act 1994 - Section 205 Rivers & Foreshores Improvement Act 1948 Rural Fires Act

DATES OF HEARING: 07/02/2006, 29/03/2006, 08/05/2006, 16/05/2006 and 09/06/2006

DATE OF JUDGMENT: 06/21/2006

APPLICANT Mr M Frazer, barrister SOLICITORS P J Donnellan & Company LEGAL REPRESENTATIVES: RESPONDENT Mr C Gough, solicitor SOLICITORS Storey & Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 June 2006

10750 of 2005 Michael and Susan Carantinos v Gosford City Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a 12 lot residential subdivision at No. 11 Monarchy Way, Narara. The reasons for refusal form the following issues for the appeal: + adequacy of proposed access road, + flood liability of part of the land, + retention of large Sydney Blue Gum trees, + drainage impacts on adjoining properties, + public interest.