Shaw v Kogarah Municipal Council [2005] NSWLEC 44

Land and Environment Court of New South Wales

CITATION : Shaw v Kogarah Municipal Council [2005] NSWLEC 44

APPLICANT Naylor Shaw

PARTIES : RESPONDENT Kogarah Municipal Council

FILE NUMBER(S) : 10680 of 2004

CORAM: Hoffman C

Development Application :- Demolition of three existing buildings - erection of five storey block of flats above basement carpark - floor space ratio - streetscape - solar access - privacy - building form and articulation - precedent on density KEY ISSUES:

Kogarah Local Environmental Plan 1998 LEGISLATION CITED: Development Control Plan No. 5 State Environmental Planning Policy No. 65

DATES OF HEARING: 14/12/2004 EX TEMPORE JUDGMENT DATE : 01/21/2005

APPLICANT Mr A Pickles, barrister SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

21 January 2005

10680 of 2004 Naylor Shaw v Kogarah Municipal Council

JUDGMENT

1 This was a class 1 appeal No. 10680/04 between Naylor Shaw Associates and Kogarah Municipal Council in regard to the refusal of application No. 783/03 for the demolition of three existing dwellings and the erection of a five storey block of flats above a basement carpark. The development comprised eighteen units of one and two bedroom configuration with twenty-one car spaces, including three visitors' spaces and including three spaces usable by cars with disabled persons.