NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Urbanesque Planning Pty Ltd v Singleton Shire Council [2010] NSWLEC 1047
APPLICANT Urbanesque Planning Pty Ltd PARTIES : RESPONDENT Singleton Shire Council
FILE NUMBER(S) : 10510 of 2009
CORAM: Tuor C
DEVELOPMENT APPLICATION :- demolish existing building and construct bottle shop with drive through KEY ISSUES: Impact on conservation area and heritage items traffic, social and environmental impact and noise.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Singleton Local Environmental Plan 1996 Singleton Development Control Plan 2009
CASES CITED: Helou v Strathfield Municipal Council [2006] NSWLEC 66 Randell Pty Ltd v Willoughby City Council (2005) 144 LGERA 119
DATES OF HEARING: 19 November 2009 and 5 February 2010
DATE OF JUDGMENT: 10 March 2010
APPLICANT Mr S Klinger, solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr P Jayne, solicitor
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
10 March 2010
10510 of 2009 Urbanesque Planning Pty Ltd v Singleton Shire Council
JUDGMENT 1 This is an appeal against the refusal by Singleton Shire Council (the council) of a development application (DA5/2009) under the Environmental Planning and Assessment Act 1979 (the Act) for demolition of existing retail and residential premises and construction of a new liquor store with drive through at 72 George Street, Singleton (site). 2 The main issue between the parties is whether the new building has an adverse impact on the adjoining heritage items and the Singleton Heritage Conservation Area. Site and context 3 The site is located on the corner of George Street (New England Highway) and Kent Street. It has a frontage of 20.11m to George Street and 50.29m to Kent Street with an overall area of 1,012sqm. 4 The site is developed with a single storey retail and a two storey retail/residential building. The George Street Singleton Streetscape Study prepared in 1987 by Tresev Pty Ltd describes 72 George Street as:
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