NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Limahart Pty Ltd v Kogarah Council [2006] NSWLEC 415
APPLICANT Limahart Pty Ltd PARTIES : RESPONDENT Kogarah Council
FILE NUMBER(S) : 10419 of 2006
CORAM: Bly C
KEY ISSUES: Development Application :- multi-unit housing, amenity impacts on neighbouring properties, density, site consolidation
Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Environmental Planning Policy No 65-Design Quality of Residential Flat Development, Kogarah Local Environmental Plan 1998, Residential Design Guide 2005-Development Control Plan
PDE Investments No 8 Pty Ltd v Manly Council (2004) NSWLEC 355; CASES CITED: Karavellas v Sutherland Shire Council [2004] NSWLEC 251; Melissa Grech v Auburn Council [2004] NSWLEC 40
DATES OF HEARING: 13/09/2006 and 14/09/2006
DATE OF JUDGMENT: 10/30/2006
APPLICANT Mr P. Tomasetti, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
30 October 2006
10419 of 2006 Limahart Pty Ltd v Kogarah Council
JUDGMENT
Introduction 1 This appeal relates to Development Application No. 499/05, which is for the demolition of three dwelling houses and the erection and strata subdivision of a multi-unit housing development comprising a four-storey plus basement building containing 16 dwellings at 49–53 Gray Street, Kogarah.
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