ACM Landmark Pty Limited v Cessnock City Council [2007] NSWLEC 429

Land and Environment Court of New South Wales

CITATION : ACM Landmark Pty Limited v Cessnock City Council [2007] NSWLEC 429

APPLICANT ACM Landmark Pty Limited PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10163 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Multiple Unit Housing, compatibility with controls, access, impact on neighbours solar access, traffic

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Cessnock Local Environmental Plan 1989

DATES OF HEARING: 12/06/2007, 28/06/2007 and 09/07/2007

DATE OF JUDGMENT: 18 July 2007

APPLICANT Mr S. Williams, solicitor of Thompson Norrie Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Mallik, solicitor of Mallik Rees Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

18 July 2007

10163 of 2007 ACM Landmark Pty Limited v Cessnock City Council

JUDGMENT Background. 1 This appeal was lodged against Councils' deemed refusal of a development application for a 23 unit multiple dwelling development at No's 82A & 88 Alexandra Street, Kurri Kurri.

2 For the appeal a number of issues were identified which can be summarised as follows: o the proposal does not satisfy character objectives for the area; o the proposal does not provide high quality urban design and residential amenity; o impacts on neighbours; o boundary fencing; o drainage; o traffic and access; o public interest in terms of objections from neighbours.