Katerinis and ors v Canterbury City Council [2007] NSWLEC 555

Land and Environment Court of New South Wales

CITATION : Katerinis and ors v Canterbury City Council [2007] NSWLEC 555

APPLICANT John Katerinis and others PARTIES : RESPONDENT Canterbury City Council

FILE NUMBER(S) : 10236 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of three existing dwellings and the construction of 15 townhouses - density - height/number of storeys - landscaped open space - private open space - solar access

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Canterbury Planning Scheme Ordinance

DATES OF HEARING: 31/07/07

DATE OF JUDGMENT: 1 August 2007

APPLICANT Ms S Duggan, barrister SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

1 August 2007

10236 of 2007 John Katerinis and others v Canterbury City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of Development Application No. 985/2005 by Canterbury City Council (the council) for the demolition of three existing dwellings and the construction of 15 townhouses with basement car parking and the strata subdivision into 15 allotments at 47-51 Chapel Street, Roselands (the site). The site has a frontage of 37.48 m to Chapel Street and an area of 2650.7 sq m. The proposal 2 The proposal is two-storey along the front and rear part of the site. The two storey dwellings along the southern half of the site include rooms that are partially within the roof form of the building. The townhouses are in the form of 9 dwellings across the northern section of the site and 6 dwellings along the southern section of the site. The rear of the southern section is allocated as an open space communal recreational area. The basement level is accessed via a central driveway with security gates off Chapel Street and contains a double garage for each dwelling in stack formation with storage areas. Direct access to each unit is provided through the car spaces.