NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Duffmore Properties Pty Ltd v Wingecarribee Shire Council [2004] NSWLEC 572 APPLICANT Duffmore Properties Pty Ltd PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 10237 of 2004 CORAM: Bly C KEY ISSUES: Development Application :- Demolition of existing dwelling and erection of 20 self-care dwellings - dwelling design - tree loss - neighbour impact - character of development. State Environmental Planning Policy No. 5 LEGISLATION CITED: Wingecarribee Local Environmental Plan 1989 State Environmental Planning Policy (Senior Living) CASES CITED: GPC No. 5 (Wombarra) Pty Ltd v Wollongong City Council [2003] NSWLEC 268 DATES OF HEARING: 15-16/09/2004 DATE OF JUDGMENT: 10/19/2004
APPLICANT Mr P Clay, barrister SOLICITORS Moloney & Company
LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson, barrister SOLICITORS B Bilinsky & Co.
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
19 October 2004
10237 of 2004 Duffmore Properties Pty Ltd v Wingecarribee Shire Council
JUDGMENT
1 This appeal involves Development Application No. LUA03/1338 which is for the demolition of two existing dwellings and the erection of 20 self-care dwellings permissible under State Environmental Planning Policy No. 5 - Housing for Older People or People with a Disability ("SEPP 5") at Nos. 91 and 91A Kangaloon Road, Bowral.
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