Mezinec v Bankstown CC [2006] NSWLEC 568

Land and Environment Court of New South Wales

CITATION : Mezinec v Bankstown CC [2006] NSWLEC 568

APPLICANT Richard Mezinec PARTIES : RESPONDENT Bankstown City Council

FILE NUMBER(S) : 10417 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- attached dual occupancy, solar access, floor space ratio, character and streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 - Development Standards Bankstown Local Environmental Plan 2001 Bankstown Development Control Plan 2005

CASES CITED: Seika Pty Ltd v Randwick City Council [1994] NSWLEC 124; Winton Property v North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 06/09/2006

DATE OF JUDGMENT: 09/12/2006

APPLICANT Richard Mezinec, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Seton, solicitor of Marsdens Law Group

JUDGMENT: -- THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

12 September 2006

10417 of 2006 Richard Mezinec -v- Bankstown City Council

JUDGMENT Introduction 1 This appeal relates to development application No 348/2006 which is for the demolition of an existing dwelling house and the construction of a 2-storey attached dual occupancy development designed for adaptable housing at No. 117 Campbell Hill Road, Sefton. The proposed building is to be constructed using tilt-up concrete panels and a low pitch metal deck roof. Each of the dwellings will have a single car garage projecting from the front of the predominant part of the building, with balconies above. 2 The site comprises Lot 26 DP 14763 and as a frontage of 15.24 m and depth of 38.17 m and an area of 581.7 sq m. It has a gentle fall from north to south. 3 Existing development in the locality of the site predominantly comprises single and 2-storey detached dwellings. A short distance to the south and west is a local shopping centre comprising shops, service stations and 3-storey walk-up apartments.