NSW Caselaw
Land and Environment Court of New South Wales
CITATION : David Kettle Consulting Pty Ltd v Gosford Council [2008] NSWLEC 1328
APPLICANT David Kettle Consulting Pty Ltd PARTIES : RESPONDENT Gosford Council
FILE NUMBER(S) : 10638 of 2007
CORAM: Bly C
KEY ISSUES: Development Application :- Town houses and residential flat buildings, residential amenity, urban design, compatibility with and impacts on surrounding development, scenic quality, development standards and removal of trees
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 1 - Development Standards LEGISLATION CITED: State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Gosford Planning Scheme Ordinance Gosford Development Control Plan 100 - Medium Density Residential Development.
DATES OF HEARING: 30/07/2008, 31/07/2008 and 1/08/2008
DATE OF JUDGMENT: 20 August 2008
APPLICANT Mr C McEwen, SC with Mr M Staunton, barrister Instructed by Gadens Lawyers. LEGAL REPRESENTATIVES:
RESPONDENT Mr J Maston, barrister Instructed by PJ Donnellan & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
20 August 2008
10638 of 2007 David Kettle Consulting Pty Ltd v Gosford Council
JUDGMENT Introduction 1 This appeal relates to a development application for a 153 dwelling residential development on the 3.9 ha site at 75-83 Karalta Road Erina. The development comprises: o One and two-storey townhouses containing 23 villa style dwellings with garage car parking. o Five, three-storey and one, two-storey residential flat buildings containing 114 dwellings plus semi basement car parking . o One three-storey residential flat building containing 16 dwellings plus semi basement car parking together with (on the ground- floor) communal recreation and other facilities.
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