GAT & Associates v Kiama Municipal Council [2006] NSWLEC 829

Land and Environment Court of New South Wales

CITATION : GAT & Associates v Kiama Municipal Council [2006] NSWLEC 829

APPLICANT GAT & Associates PARTIES : RESPONDENT Kiama Municipal Council

FILE NUMBER(S) : 10649 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the construction of a residential flat building - adequacy of landscaping - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 1996

DATES OF HEARING: 7/12/06

EX TEMPORE JUDGMENT DATE : 12/07/2006

APPLICANT Ms M L Taylor, solicitor SOLICITORS Norman Waterhouse LEGAL REPRESENTATIVES: RESPONDENT Mr P Moggach, solicitor SOLICITORS Kearns & Garside

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

7 December 2006

10649 of 2006 GAT & Associates v Kiama Municipal Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application No. 10.2005.155.1 by Kiama Municipal Council (the council) for the demolition of an existing dwelling and the construction of a residential flat building at 113 Manning St., Kiama (the site).

2 The proceedings were conducted as an On Site Hearing on 7 December 2006 and the judgement reflects the contents of the Statement of Basic Facts and the findings given on site. The site and surrounding area 3 The site is Lot 113 in DP 1076112. It is generally rectangular in shape with a street frontage of 18.65 metres and depth of around 63.5 metres giving a total site area of 1185 square metres. The site currently contains a single storey dwelling house with no significant vegetation. The surrounding area is made up largely of residential flat buildings with residential flat buildings to the north and south of the site. The proposal 4 The proposal provides for the demolition of the existing dwelling and the construction of 4 x 2 storey townhouses with access from Manning St.