Toner Design Pty Ltd v Newcastle City Council [2004] NSWLEC 720

Land and Environment Court of New South Wales

CITATION : Toner Design Pty Ltd v Newcastle City Council [2004] NSWLEC 720 PARTIES : APPLICANT Toner Design Pty Limited FILE NUMBER(S) : 10997 of 2004 CORAM: Brown C KEY ISSUES: Development Application :- demolition of existing dwelling - erection 4 x 2 storey town houses - character of area - streetscape - height - drainage.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Newcastle Local Environmental Plan 2003 CASES CITED: DATES OF HEARING: 17/12/2004 EX TEMPORE 12/17/2004 JUDGMENT DATE :

APPLICANT Mr P Hines, solicitor SOLICITORS Paul Hines Solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr B Glendinning, solicitor SOLICITORS Harris Wheeler Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

17 December 2004

10997 of 2004 Toner Design Pty Ltd v Newcastle CC

JUDGMENT

1 This is an appeal against the refusal by Newcastle City Council (the council) of Development Application 03/2313 for the erection of an existing dwelling and erect four two-storey detached dwelling houses at 274 Park Avenue, Kotara. The appeal was conducted as an On Site Hearing.

2 The site is known as Lot 101 DP 829254. It has a frontage of approximately 20.245 m and side boundaries of approximately 65.82 m giving a total area of 1356 sq m. It is a rectangular shaped allotment and contains a storm water channel running parallel to Park Avenue and crossing the middle of the site. The land initially falls from the street to the storm water channel and then rises towards the rear of the site.