NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pureseem Pty Limited v Canterbury City Council [2004] NSWLEC 511 APPLICANT Pureseem Pty Limited PARTIES : RESPONDENT Canterbury City Council
FILE NUMBER(S) : 10617 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Attached three level dwelling - Draft LEP - Character - Height - Overshadowing - Public interest
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Canterbury Planning Scheme Ordinance CASES CITED: DATES OF HEARING: 06/09/04 DATE OF JUDGMENT: 09/13/2004
APPLICANT Dr. S. Bervling, barrister SOLICITOR Noman Waterhouse
LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor SOLICITOR Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
13 September 2004
10617 of 2004 Pureseem Pty Limited –v- Canterbury City Council
JUDGMENT Background
1 This appeal is against the council's refusal of development application at 6 and 6A Grove Street, Earlwood, which proposes the demolition of an existing dwelling and construction of 2 double storey attached dwellings with a party wall.
The site 2 This site comprises Lots 4 and 5 in DP 317306. These lots are each 6.095 m wide, with the depth of 32.31 m and east–west orientation. They have a combined area in the order of 394 sq m.
3 There is an existing single-storey brick cottage with tiled roof on the site at present.
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