Mr and Mrs Miltenyi v Kogarah Council [2006] NSWLEC 247

Land and Environment Court of New South Wales

CITATION : Mr and Mrs Miltenyi v Kogarah Council [2006] NSWLEC 247

APPLICANT Mr and Mrs Miltenyi PARTIES : RESPONDENT Kogarah Council

FILE NUMBER(S) : 11305 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- construction of a 3-storey dwelling and demolition of an existing dwelling, height and bulk of the building, visual amenity, view impacts, loss of privacy and access.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kogarah Local Environmental Plan 1998. Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment. Better Home Design Guide - Residential Development Control Plan.

DATES OF HEARING: 10/04/2006 and 11/04/2006

EX TEMPORE JUDGMENT DATE : 04/11/2006

APPLICANT Mr A. Galasso, barrister instructed by Mr M. Staunton of Staunton Beattie LEGAL REPRESENTATIVES:

RESPONDENT Ms C. Schofield, solicitor of Pike Pike and Fenwick

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

11 April 2006

11305 of 2005 Mr & Mrs G. Miltenyi v Kogarah Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. Background: 1 This appeal was lodged against council's refusal of development application for the demolition of an existing dwelling and subsequent construction of a 3-storey dwelling at No. 160 D Terry Road, Connells Point.