S & R Properties Pty Limited v Ashfield Council [2004] NSWLEC 143

Land and Environment Court of New South Wales

CITATION : S & R Properties Pty Limited v Ashfield Council [2004] NSWLEC 143 APPLICANT S & R Properties Pty Limited PARTIES : RESPONDENT Ashfield Council

FILE NUMBER(S) : 10061 of 2003 CORAM: Watts C Development Application :- Mixed use retail/residential development application Relationship between the proposal and 'Darrell Jackson Gardens' Relationship between the proposal and No 123A Smith Street and whether or not the proposal would unnecessarily detract from the heritage values of that house Relationship between the proposal and No 13 Hardie Avenue and whether or not the proposal would cause unreasonable overshadowing and loss of privacy Whether or not the proposal should have been designed with an active northern frontage and should have maintained and enhanced the vista along the northern elevation KEY ISSUES: Whether or not there would be unreasonable conflict in Hardie Avenue with ehicular traffic entering and leaving the main car park and motorists using the 90 degree parking opposite Whether or not semi trailers would be likely to use the proposed loading dock and the impact on traffic in Smith Street Whether or not there would be adequate internal residential amenity and whether or not there would be effective overdevelopment of the site Whether or not the design incorporating an arcaded passageway is appropriate the desirability of an arcade v northern walkwayand internal steps at the shop entrances Whether or not there would be sufficient retail car parking Owners' and development consent to the proposed drainage diversion.