Tambimutto v Hurstville City Council [2008] NSWLEC 1227

Land and Environment Court of New South Wales

CITATION : Tambimutto v Hurstville City Council [2008] NSWLEC 1227

APPLICANT Shane Tambimutto PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 11198 of 1007

CORAM: Tuor C

KEY ISSUES: Development Application :- Alterations and additions, solar access and visual bulk impacts on private open space of adjoining residence.

LEGISLATION CITED: Land and Environment Court Act 1979 Hurstville Local Environmental Plan 1994

CASES CITED: Parsonage v Ku-ring-gai Council [2004] NSWLEC 347 Pafburn v North Sydney Council [2005] NSWLEC 444

DATES OF HEARING: 18/02/2008 and 19/05/2008

EX TEMPORE JUDGMENT DATE : 19 May 2008

APPLICANT Mr M. Arch, solicitor, of Concordia Pacific LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor, of Deacons

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

19 May 2008

11198 of 2007 Shane Tambimutto v Hurstville City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal against the refusal by Hurstville Council (council) of a development application for alterations and additions to an existing house at 4 Dawn Street, Peakhurst (the site). 2 The site, its context, the history of the application and the planning controls are in the Statement of Facts and Contentions filed by Council on 16 January 2008. 3 The appeal commenced on site as a conference under s 34 of the Land and Environment Court Act 1979. The conference was adjourned for the applicant to prepare amended plans and it resumed on 19 May 2008. The parties did not reach agreement but agreed to the disposal of the proceedings under s 34(4)(b). 4 The only matter in dispute between the parties remained the overshadowing and visual bulk impact of the proposed two-storey addition on the principal area of private open space of the adjoining property to the south (6 Dawn Street).