Pikoulas v Canterbury City Council [2007] NSWLEC 648

Land and Environment Court of New South Wales

CITATION : Pikoulas v Canterbury City Council [2007] NSWLEC 648

APPLICANT Aristomenis Pikoulas PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 10619 of 2007

CORAM: Bly C

KEY ISSUES: Development Consent :- Alterations and Additions to existing shop and dwelling, second dwelling house, dual occupancy - prohibition, car parking.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Canterbury Local Environmental Plan 138-Canterbury Precinct Canterbury Development Control Plan 20 - Car Parking Code

DATES OF HEARING: 13/09/2007

EX TEMPORE JUDGMENT DATE : 13 September 2007

APPLICANT Mr A. Pikoulas, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms P. Hudson, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

13 September 2007

10619 of 2007 Aristomenis Pikoulas v Canterbury City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 Existing at No. 17 Crinan Street, Hurlstone Park, are two separated buildings. The two-storey building fronting Crinan Street contains a ground floor shop with an associated dwelling extending over both levels. The detached rear out-building facing Marcia Lane, accommodates a ground floor garage with two levels above, one being a mezzanine floor. These two upper levels were constructed essentially in accordance with a Development Consent No. R8256/96, which was granted by the council on 30 May 1996.