O'Neill v Kempsey Shire Council [2005] NSWLEC 158

Land and Environment Court of New South Wales

CITATION : O'Neill v Kempsey Shire Council [2005] NSWLEC 158

Applicant: Raymond O'neill PARTIES : Respondent: Kempsey Shire Council

FILE NUMBER(S) : 11657 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application - Dual Occupancy :-

DATES OF HEARING: 07/04/2005 and 08/04/2005 EX TEMPORE JUDGMENT DATE : 04/08/2005

Applicant: Mr V Conomos, solicitor of Pike Pike & Fenwick LEGAL REPRESENTATIVES: Respondent: Mr G Underwood, barrister instructed by Ms N Doney of Howard Sheridan Cooney Harvey

JUDGMENT: - 7 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

8 April 2005

11657 of 2004 Raymond O'Neill v Kempsey Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Kempsey Shire Council (the council) of a development application to erect two detached dual occupancy dwellings on lot 2 DP 622642, known as 75 Gregory Street, South West Rocks.

The site 2 The vacant site has an area of 611m2 and a frontage of 17m to a 3m-wide access road off Gregory Street. To the rear is a public reserve. The site falls 5m from front to rear. To the north the site adjoins a property with a small single-storey house. To the south is a development called Chaminoix Village. Two of the units in the village share a common boundary with the site. On the other side of Gregory Street is the South West Rocks Public School.