Taouk v Bankstown CC [2005] NSWLEC 128

Land and Environment Court of New South Wales

CITATION : Taouk v Bankstown CC [2005] NSWLEC 128

APPLICANT Tony Taouk

PARTIES : RESPONDENT Bankstown City Council

FILE NUMBER(S) : 10800 of 2004

CORAM: Brown C

Development Application :- demolition of existing dwelling and construction of a two storey detached dual occupancy flooding KEY ISSUES: bulk and scale

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Bankstown Local Environmental Plan 2001

DATES OF HEARING: 28/02/2005

DATE OF JUDGMENT: 03/03/2005

EX TEMPORE JUDGMENT DATE : 03/03/2005

APPLICANT Mr A. Pickles, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

3 March 2005

10800 of 2004 Tony Taouk v Bankstown City Council

1 This is an appeal against the refusal by Bankstown City Council (the council) of DA 1508/2003 for the demolition of an existing dwelling and the erection of a two-storey detached dual occupancy at No. 65 Gascoigne Road, Birrong (the site).

2 The site is known as Lot 95 in DP 26982. It is triangular in shape with a northern boundary of 28.225 m, a southern boundary of 36.705 m and a western boundary of 52.905 m, including the frontage to Gascoigne Road and a part frontage to McCrossin Avenue, giving a total area of 780 sq m. The site immediately adjoins an open formed drainage channel that traverses the northern boundary and essentially shapes the allotment. 3 The site is relatively flat with a gentle cross-fall from the southern corner to the northern corner of about 400 mm. Several trees and shrubs exist along the western boundary and southern corner of the site, although the vegetation is not significant. A single-storey brick dwelling and detached garage currently exist on the site.