Bitsikas v Canterbury Council [2004] NSWLEC 601

Land and Environment Court of New South Wales

CITATION : Bitsikas v Canterbury Council [2004] NSWLEC 601 APPLICANT Parry Bitsikas PARTIES : RESPONDENT Canterbury City Council FILE NUMBER(S) : 10574 of 2004 CORAM: Brown C Development Application :- categorisation of use streetscape KEY ISSUES: solar access overlooking view loss LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Canterbury Planning Scheme Ordinance CASES CITED: Segal & Anor v Waverley Council [2004] NSWLEC 363 DATES OF HEARING: 10/09/04, 19/10/04 DATE OF JUDGMENT: 11/03/2004

APPLICANT Dr S Berveling, barrister SOLICITORS Norman Waterhouse

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner G T Brown

3 November 2004

10574 of 2004 Parry Bitsikas v Canterbury City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Canterbury City Council (the council) of Development Application No 1175/03 for the demolition of an existing dwelling and the construction of three attached dwellings at 18, 18A and 18B Stone Street, Earlwood (the subject site). The subject site 2 The subject site consists of three separate lots being lots 19, 20 and 21 in Section 4 of DP 32036. Each lot is 6.095 m wide and 28.65 m long, giving an area of 174.6 sq m. The three lots have a total area of 523.8 sq m. The subject site slopes approximately 4 m from the south eastern corner of 18 Stone Street to the north western corner of the same property. A single storey brick cottage with a tiled roof and a detached brick fibro garage is constructed over the three lots.