Casaceli v Bega Valley Shire Council [2006] NSWLEC 150

Land and Environment Court of New South Wales

CITATION : Casaceli v Bega Valley Shire Council [2006] NSWLEC 150

APPLICANT Lucas Casaceli PARTIES : RESPONDENT Bega Valley Shire Council

FILE NUMBER(S) : 11322 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- erection of attached dual occupancy development - character/streetscape - solar access - loss of privacy

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Bega Valley Local Environmental Plan 2002

DATES OF HEARING: 22/02/06, written submissions 14/03/06

DATE OF JUDGMENT: 04/07/2006

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr M McMahon, solicitor SOLICITORS M E McMahon & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

7 April 2006

11322 of 2006 Lucas Casaceli v Bega Valley Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA No. 2005.0167 by Bega Valley Shire Council (the council) for the erection of attached dual occupancy development at 15 Barragoot Street, Bermagui (the site).

2 The proceedings were originally set down as a Court hearing however the parties agreed that the proceedings be conducted as an On Site Hearing on 22 February 2006. Following a view of the site and surrounding area the proceedings were adjourned for the applicant to prepare amended plans. The amended plans were filed on 2 March 2006 and were the subject of a Telephone Mention on 8 March 2006. Directions were given for the filing of written submissions by 14 March 2006. The amended plans have been marked as Exhibit D. The site 3 The site is Lot 110 in DP 1074082. It has a frontage and western boundary to Barragoot Street of 20.115 metres, a rear boundary of 20.17 metres and side boundaries of 27.4 metres and 28.915 metres giving a total area of 566.4 square metres.