Hansimikali v Rockdale City Council [2003] NSWLEC 442

> Land and Environment Court of New South Wales

CITATION : Hansimikali v Rockdale City Council [2003] NSWLEC 442 APPLICANT Constantine Hansimikali and PARTIES : Manuel Hansimikali

RESPONDENT Rockdale City Council

FILE NUMBER(S) : 10449 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- deemed refusal of seven two storey townhouses with basement garages for fourteen cars

State Environmental Planning Policy No. 55 LEGISLATION CITED: Rockdale City Council Development Control Plan No. 34 landscaping Development Control Plan 34 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 08/09/2003 and 09/09/2003 DATE OF JUDGMENT: 12/11/2003

APPLICANT Mr. G. Green, solicitor of Pike Pike and Fenwick

LEGAL REPRESENTATIVES: RESPONDENT Mr. J. Reilly, solicitor of Abbott Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10449 of 2003

Hoffman C

11 December 2003

Constantine Hansimikali And Manuel Hansimikali Applicant v

Rockdale City Council Respondent

Reasons for Judgment Introduction 1. This was a class one appeal No. 10449/03 between Constantine Hansimikali and Manuel Hansimikali v Rockdale City Council in regard to the deemed refusal of seven two storey townhouses with basement garages for fourteen cars at No. 174-176 President Avenue Kogarah. The site, surrounds and the proposal 2. The site had three frontages, 36 m to President Lane, 40 m to Crawford Road and 36 m to President Avenue. The site was a vacant service station. The total area was 1,453 sq m. The site was generally flat with a rise of about a half a metre between President Avenue and the laneway.