NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Elias v Canterbury City Council [2009] NSWLEC 1182
APPLICANT Simon and Betty Elias PARTIES : RESPONDENT Canterbury City Council
FILE NUMBER(S) : 11260 of 2008
CORAM: Tuor C
KEY ISSUES: DEVELOPMENT APPLICATION :- Dual occupancy development, use existing building as "granny flat" inadequate site area and rear setback, provision of parking in front setback area, amenity of dwelling and impact on neighbours
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Canterbury Local Environmental Plan 178 Canterbury Development Control Plan 14
DATES OF HEARING: 15 April 2009
EX TEMPORE JUDGMENT DATE : 15 April 2009
APPLICANT Mr J Boers (Agent)
LEGAL REPRESENTATIVES: RESPONDENT Mr P Jackson (solicitor) of Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
15 April 2009
11260 of 2008 Simon and Betty Elias v Canterbury City Council This judgment was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 Commissioner: This is an appeal against the refusal by Canterbury City Council (the council) of a development application (43/2008) under the Environmental Planning and Assessment Act 1979 (the Act) for a dual occupancy development including the use of an existing building as a granny flat at 14 Samuel Street, Wiley Park (the site).
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