Russell and Shirley Hicks v Lake Macquarie City Council [2003] NSWLEC 306

> Land and Environment Court of New South Wales

CITATION : Russell and Shirley Hicks v Lake Macquarie City Council [2003] NSWLEC 306 APPLICANT: Russell and Shirley Hicks

PARTIES : RESPONDENT: Lake Macquarie City Council

FILE NUMBER(S) : 10872 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- two storey building with units - a single garage for each unit - visitor's car space - streetscape Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Draft Lake Macquarie Local Environmental Plan 2002 Lake Macquarie Local Environmental Plan 1984 CASES CITED: DATES OF HEARING: 20/11/03 - 21/11/03 EX TEMPORE JUDGMENT DATE : 11/21/2003

APPLICANT: Daryl Gray, solicitor instructed by Sparke Helmore

LEGAL REPRESENTATIVES: RESPONDENT: Grant Long, solicitor instructed by Lake Macquarie City Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10872 of 2003

Hoffman C

21 November 2003 Russell and Shirley Hicks Applicant v Lake Macquarie City Council Respondent Judgment

1 This is a class one appeal, No. 10872 of 2003 between Russell and Shirley Hicks and the City of Lake Macquarie in regard to the deemed refusal of DA 03/2745 for a duplex proposal on No. 23 Gommera Street Blacksmiths, being Lot 772 DP 755233.