Tannous v Kogarah MC [2005] NSWLEC 688

Land and Environment Court of New South Wales

CITATION : Tannous v Kogarah MC [2005] NSWLEC 688

APPLICANT Tony Tannous PARTIES : RESPONDENT Kogarah Municipal Council

FILE NUMBER(S) : 10676 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- construction of 19 units and basement carparking for 33 vehicles - setback - height bulk and scale - streetscape - overshadowing - character - traffic

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Kogarah Local Environmental Plan 1998 Kogarah Development Control Plan

CASES CITED: Goldin v The Minister for Transport NSWLEC 2002 No. 75

DATES OF HEARING: 29/09/2005 and 24/10/2005 EX TEMPORE JUDGMENT DATE : 11/14/2005

APPLICANT Mr S. Stevens, Litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms C. Schofield, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

14 November 2005

10676 of 2005 Tony Tannous v Kogarah Municipal Council

JUDGMENT 1 This is an appeal under section 97 of the Environmental Planning and Assessment Act against Kogarah Council's refusal of a development application for the property known as No. 2-6 Bembridge Street, Carlton. The proposal is for 19 units with basement parking for some 33 vehicles. The proposal is one that was submitted to the Council prior to its formal adoption of the Residential Design Guidelines DCP and as such the proposal has been assessed under Council's Better Home Design Guide, although the Court has had regard to the Residential Design Guidelines of 2005.