J F Building Pty Ltd v Kogarah Council [2004] NSWLEC 209

Land and Environment Court of New South Wales

CITATION : J F Building Pty Ltd v Kogarah Council [2004] NSWLEC 209 APPLICANT J F Building Pty Ltd PARTIES : RESPONDENT Kogarah Council . FILE NUMBER(S) : 11244 of 2003 CORAM: Moore C Development Application :- KEY ISSUES: Bulk and scale in streetscape . LEGISLATION CITED: Kogarah DCP Better Home Design Guide . CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; . DATES OF HEARING: 3 May 2004 EX TEMPORE 05/03/2004 JUDGMENT DATE :

APPLICANT Mr C Maley, solicitor Maclarens

LEGAL REPRESENTATIVES: RESPONDENT Mr Newport, barrister INSTRUCTED BY Abbott Tout

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

11244 of 2003

Moore C 3 May 2004 J F Building Pty Ltd Applicant

v Kogarah Council Respondent Judgment

1. This is appeal pursuant s 97 of Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Kogarah Council (the council) of a development application for 45 Carlton Crescent, Kogarah Bay (the site). The site is one which falls from the rear towards Carlton Crescent and from its boundary with No. 43 across the site to No. 47.

2. The application proposes extensive additions and alterations to an existing dwelling by the addition of major structures to the front of the existing dwelling.