NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pavliuk v Gosford City Council [2010] NSWLEC 1048
APPLICANT Peter Pavliuk and Nick Pavliuk PARTIES : RESPONDENT Gosford City Council
FILE NUMBER(S) : 10556 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Dwelling house in floodway, safety, access
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Gosford Planning Scheme Ordinance
DATES OF HEARING: 25 January 2010
DATE OF JUDGMENT: 12 March 2010
APPLICANT Mr J Hancock (agent)
LEGAL REPRESENTATIVES: RESPONDENT Mr R Byrd (solicitor) SOLICITOR R J Donnellan & Co.
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
12 February 2010
10556 of 2009 Peter Pavliuk and Nick Pavliuk v Gosford City Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for a new dwelling at 71 Lakala Street, Springfield. The site is in an area that is subject to flooding and the principal issue identified for the appeal concerns whether the site is suitable for the development due to its flood liability. 2 The proposed 2 –storey dwelling comprises 3 bedrooms, lounge, kitchen/dining, bathroom, toilet, laundry and single garage. It includes an elevated deck over part of the designated floodway. 3 The property was acquired at auction initiated by the council due to default by the previous owner.
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