Punnett and Associates v Shoalhaven City Council [2004] NSWLEC 656

Land and Environment Court of New South Wales

CITATION : Punnett and Associates v Shoalhaven City Council [2004] NSWLEC 656 APPLICANT T. C. Punnett and Associates Pty Limited PARTIES : RESPONDENT Shoalhaven City Council FILE NUMBER(S) : 11479 of 2003 CORAM: Brown C Development Application :- housing development for older persons or persons with a disability SEPP 1 objection to lot frontage access to services KEY ISSUES: impact on rural setting internal amenity impact on archaeological relics traffic and parking Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 5 State Environmental Planning Policy No 1 CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 DATES OF HEARING: 26-28/10/04 DATE OF JUDGMENT: 12/08/2004

APPLICANT Mr A Pickles, barrister SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, barrister SOLICITORS Morton & Harris

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

8 December 2004

11479 of 2003 T. C. Punnett and Associates Pty Limited v Shoalhaven City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal of Development Application 03/202 by Shoalhaven City Council (the council) for the construction of a housing development for older persons or persons with a disability at 22 Victoria Street, Berry (the site).