Gorgievski v Willoughby City Council [2005] NSWLEC 496

Land and Environment Court of New South Wales

CITATION : Gorgievski v Willoughby City Council [2005] NSWLEC 496

Applicant: Steven Gorgievski PARTIES : Respondent: Willoughby City Council

FILE NUMBER(S) : 10398 of 2005

CORAM: Roseth SC

Development Application :- SEPP 1 Objection KEY ISSUES: development of undersized allotment

CASES CITED: CSA Architects v Randwick City Council [2004] NSWLEC 179

DATES OF HEARING: 26/08/2005

DATE OF JUDGMENT: 09/13/2005

Applicant: Mr B Hones, solicitor of Hones Lawyers LEGAL REPRESENTATIVES: Respondent: Ms H Irish, barrister instructed by Ms E Duenow of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

13 September 2005

10398 of 2005 Steven Gorgievski v Willoughby City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Willoughby City Council of a development application to demolish the existing house and erect three two-storey townhouses on lot 14 DP 10390, known as 190-196 Penshurst Street, North Willoughby.

The site 2 The site is on the corner of Penshurst and Owen Streets. It has an area of 583m2, with a frontage to Penshurst Street of 20m and to Owen Street of 34m. Penshurst Street is a State Road, while Owen Street is a minor cul-de-sac. Development on Penshurst Street to the south is two-storey commercial. The immediately adjoining property, 188 Penshurst Street, is built to the street alignment. To the north development is residential. At the northwest corner of Penshurst and Owen Streets stands a group of four townhouses, set back 7.5m from Penshurst Street. The development in Owen Street is mainly single-storey houses in large gardens.