Featurewood Homes Pty Ltd v Shoalhaven City Council [2004] NSWLEC 623

Land and Environment Court of New South Wales

CITATION : Featurewood Homes Pty Ltd v Shoalhaven City Council [2004] NSWLEC 623 APPLICANT Featurewood Homes Pty Ltd PARTIES : RESPONDENT Shoalhaven City Council

FILE NUMBER(S) : 10857 of 2004 CORAM: Brown C KEY ISSUES: Development Consent :- s 96 modification - whether substantially the same development - overlooking - streetscape - heritage Environmental Planning and Assessment Act, 1979 LEGISLATION CITED: Shoalhaven Local Environmental Plan 1985 Shoalhaven Draft Local Environmental Plan (Amendment 212) CASES CITED: DATES OF HEARING: 04/11/2004 EX TEMPORE 11/04/2004 JUDGMENT DATE :

APPLICANT Mr P Moggah, solicitor SOLICITORS Kearns & Garside LEGAL REPRESENTATIVES: RESPONDENT Mr G Gleeson, solicitor SOLICITORS Morton & Harris

JUDGMENT: JUDGMENT THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

4 November 2004

10857 of 2004 Featurewood Homes Pty Ltd v Shoalhaven City Council

JUDGMENT 1 This is an appeal against the refusal by Shoalhaven City Council (the council) of an application to modify Development Consent No. DA 02/1695 for the erection of two single storey attached dwellings at 143 Princes Highway, Milton (the site). The proposed dwelling is partially constructed up to the floor slab and is located behind an existing dwelling used for commercial purposes.