Jett Developments v Hawkesbury City Council [2006] NSWLEC 226

Land and Environment Court of New South Wales

CITATION : Jett Developments v Hawkesbury City Council [2006] NSWLEC 226

Applicant: Jett Developments Pty Ltd PARTIES : Respondent: Hawkesbury City Council

FILE NUMBER(S) : 11054 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- mixed retail, commercial and residential development, compliance with standards, impact on adjoining residential property

DATES OF HEARING: 04/05/2006 and 05/05/2005

DATE OF JUDGMENT: 05/23/2006

Applicant: LEGAL REPRESENTATIVES: Ms C Schofield, solicitor of Pike Pike & Fenwick Respondent: Mr P McEwen, SC instructed by Mr D Brigg, solicitor of D G Briggs & Associates

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

23 May 2006

11054 2005 Jett Developments Pty Ltd v Hawkesbury City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Hawkesbury City Council (the council) of a development application to demolish the existing buildings and construct a mixed retail and commercial development containing four retail tenancies, two commercial tenancies and 26 dwellings with associated parking for 54 cars on lot 1 DP 128701 and lot X DP 374639, known as 510 George Street, and lot B DP 383474, known as 512 George Street, South Windsor.

The site 2 The site is on the eastern side of George Street, between Argyle and Campbell Streets. It is regular, slopes from west to east and has an area of 1,703m2. Two houses now occupy the site, while shops, offices, flats and houses surround it. 3 A 6m wide lane, Dickson Lane, separates the site from the rear yards of residential properties that face to Macquarie Street. The existing development is single houses; however, the area is zoned 2(c).