Hellier v Lake Macquarie City Council [2007] NSWLEC 766

Land and Environment Court of New South Wales

CITATION : Hellier v Lake Macquarie City Council [2007] NSWLEC 766

APPLICANT Mark Hellier PARTIES : RESPONDENT Lake Macquarie City Council

FILE NUMBER(S) : 10464 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- amenity impacts including overlooking and overshadowing of neighbouring properties; building bulk at the low density/medium residential density interface; permanent or occasional occupation of the dwellings; and private open space.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Residential Tenancy Act 1987 Lake Macquarie Local Environmental Plan 2004 Lake Macquarie Development Control Plan No 1

CASES CITED: Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117; 187 Kent Pty Limited v Council of the City of Sydney [2007] NSWLEC 88

DATES OF HEARING: 6 and 7 November 2007

DATE OF JUDGMENT: 28 November 2007

APPLICANT Mr A. Pickles, barrister instructed by McDonald Johnson

LEGAL REPRESENTATIVES: RESPONDENT Mr M. Staunton, barrister instructed by Mr G Long of Lake Macquarie Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

28 November 2007

10464 of 2007 Hellier v Lake Macquarie City Council

JUDGMENT Introduction 1 This appeal relates to Development Application No. 1981/2006, which is for a three storey residential flat building containing 12 dwellings plus a basement containing 18 car parking spaces. The five ground floor dwellings have private courtyards and the remaining dwellings have their own balconies. There is an area of communal open space along the northern, eastern and southern boundaries of the site.