Tchadovitch V v Hawkesbury City Council [2004] NSWLEC 242

Land and Environment Court of New South Wales

CITATION : Tchadovitch V v Hawkesbury City Council [2004] NSWLEC 242 APPLICANT Tchadovitch V PARTIES : RESPONDENT Hawkesbury City Council FILE NUMBER(S) : 11373 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Multi-unit housing - compliance with objectives - high amenity/accessibility - streetscape - impact on neighbours amenity - open space

LEGISLATION CITED: Environmental Planning and Assessment Act Hawkesbury Local Environmental Plan 1989 CASES CITED: DATES OF HEARING: 30-31/03/2004 DATE OF JUDGMENT: 05/21/2004

APPLICANT Dr S Berveling, barrister

RESPONDENT LEGAL REPRESENTATIVES: Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11373 of 2003

Hussey C

21 May 2004 Tachadovitch V Applicant

v Hawkesbury City Council Respondent

Judgment

Background 1 . This appeal is against council's refusal of a development application for the construction of 5 villa units at Richmond. A number of issues were initially identified, however these were reduced to the following for the hearing: - compliance with the zone objectives, - consistency with existing character, - adequacy of open space, - effect of draft amendment No. 130 of the Hawkesbury LEP. - objections.

The site 2 . The site is described as Lot 1 DPP 805 370 and Lot 232 DP 101 9706, No 15 Drift Road, Richmond. It is generally regular in shape, with a 45.17 m frontage to the southern side of Drift Road. It has a total area of 2277.8 m2.