NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dimensional Capital Design Pty Ltd v Sutherland Shire Council [2006] NSWLEC 440
APPLICANT Dimensional Capital Design Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11475 of 2005
CORAM: Bly C
KEY ISSUES: Development Application :- Demolition of dwellings and construction of townhouses, streetscape, built upon areas, internal amenity, privacy, solar access, floor space ratio
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 1 - Development Standards LEGISLATION CITED: Sutherland Local Environmental Plan 2000 Draft Sutherland Local Environmental Plan 2004 Development Control Plan for Townhouses and Villa Houses
DATES OF HEARING: 18-19/10/2006
DATE OF JUDGMENT: 11/30/2006
APPLICANT Ms S Duggan, barrister Instructed by: Ms R Spiegel, solicitor SOLICITORS LEGAL REPRESENTATIVES: Spiegel & Associates
RESPONDENT Mr J Cole, solicitor, SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
30 November 2006
11475 of 2005 Dimentional Capital Design Pty Ltd v Sutherland Shire Council
JUDGMENT
Introduction 1 This appeal relates to Development Application No. 04/1219, which is for the demolition of four detached dwellings and the construction of 13 townhouses in four rows of two-storey buildings at 844-846 Kingsway and 31-33 Durbar Avenue, Kirrawee. Car parking is to be provided in a basement car park with access off Durbar Avenue.
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