NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Akinci & Anor v Wollondilly SC [2006] NSWLEC 724
APPLICANT Huriye Akinci and Erhan Akinci PARTIES : RESPONDENT Wollondilly Shire Council
FILE NUMBER(S) : 10606 of 2006
CORAM: Hussey C
KEY ISSUES: Development Application :- multi unit housing, character of area, overdevelopment, setbacks, impacts on neighbours.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Wollondilly Local Environmental Plan 1991 Wollondilly Development Control Plan
DATES OF HEARING: 11/11/2006
EX TEMPORE JUDGMENT DATE : 11/11/2006
APPLICANT Mr P. Meehan, solicitor of Meehans Solicitor Corporation LEGAL REPRESENTATIVES:
RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
Date 11 November 2006
10606 of 2006 Huriye Akinci and Erhan Akinci v Wollondilly Shire Council
JUDGMENT
Background. 1 This appeal was lodged against council's refusal of a development application for the construction of a 2-storey, attached multi unit dwelling at 2 Abelia Street, Tahmoor. The full details of the site, proposal and planning controls are contained in the Statement of Basic Facts, on which I rely.
2 In refusing the application a number of issues were identified and the parties agreed to the appointment of Mr M Brown as the Court appointed expert for planning and he prepared an initial assessment , which resulted in significant amendments to the proposal, including the reduction to single storey.
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