Sukkar v Strathfield Municipal Council [2007] NSWLEC 183

Land and Environment Court of New South Wales

CITATION : Sukkar v Strathfield Municipal Council [2007] NSWLEC 183

APPLICANT David Iahoud Sukkar PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 11062 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- 2-storey dwelling house over basement, bulk and scale, impact on neighbours, access/traffic

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Strathfield Planning Scheme Ordinance, 1969

DATES OF HEARING: 07/03/2007

DATE OF JUDGMENT: 13 April 2007

APPLICANT Mr M. Arch, solicitor of Concordia Pacific LEGAL REPRESENTATIVES:

RESPONDENT Mr T. O'Connor of Houston Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

13 April 2007

11062 of 2006 David Iahoud Sukkar v Strathfield Municipal Council

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the demolition of the existing dwelling and construction of a new 2-storey dwelling over basement car-parking area at 27 Wallis Avenue, Strathfield. 2 For the appeal a number of issues were initially identified and after conferencing between the parties, the following issues were outstanding: o excessive size and bulk of the proposal in its environmental context, o incompatible with existing and future developments, o adverse amenity impacts on neighbouring properties by way of overshadowing and overlooking, o adverse impact on streetscape, o unsatisfactory access and traffic impacts. 3 The parties agreed to Mr C Hallam being the Court-appointed expert for traffic and he prepared a detailed assessment, which became Exhibit 3. The Site. 4 No 27 Wallis Avenue is described as Lot 122 in DP 11856. It is situated on the south western corner of Wallis Avenue and Ada Street and has a total area of 766 sq m. The site has a 50.6 m frontage to Ada Street and a depth of 15.24 m.