Huntacorp v Cessnock City Council [2008] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : Huntacorp v Cessnock City Council [2008] NSWLEC 24

APPLICANT Huntacorp Pty Limited PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 11085 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- Consent Orders - single storey attached dual occupancy development - character - traffic

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

DATES OF HEARING: 16/01/08

EX TEMPORE JUDGMENT DATE : 16 January 2008

APPLICANT Mr G Williams, solicitor SOILICITORS Thompson Norrie Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr R Mallik, solicitor SOLICITORS Mallik Rees Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

16 January 2008

11085 of 2007 Huntacorp Pty Limited v Cessnock City Council

JUDGMENT 1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to Development Application No 8/2007/410 for the construction of a single storey attached dual occupancy development on 38 O'Shea Circuit Cessnock. While the matter were originally set down as a Court Hearing, the parties agreed that the matter could be heard as an On Site Hearing.

2 In accordance with the Courts Practice Note - Class 1 Development Appeals any objector to the development application may be heard in the Courts consideration of the Consent Orders. In this regard, Ms Kerrie Miller of 40 O'Shea Circuit and Mr Colin McFarlane of 10 Traminer Grove sought to be heard. Ms Miller and Mr McFarlane raised similar issues. They expressed concern that the number of dual occupancy developments in the immediate area was having an adverse impact on the character of the area. They indicated that this was contrary to the basis upon which they purchased their properties. A reference was also made to a s 88B instrument that sought to protect the quality of the residential estate. A number of vacant sites in the immediate area have approvals for dual occupancy development or have development applications before the council. 3 Ms Miller and Mr McFarlane also expressed concern that the number of dual occupancy developments at the intersection of O'Shea Circuit and Traminer Grove is likely to create high levels of traffic movements with a subsequent impact on the safety for pedestrians, particularly children.