NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Goreski v Hurstville City Council [2010] NSWLEC 1288
APPLICANT Paul and Valentina Goreski PARTIES : RESPONDENT Hurstville City Council
FILE NUMBER(S) : 10557 of 2010
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of an existing dwelling and the construction of a two-storey dual occupancy and subdivision of the land into two Torrens Title lots - non compliance with minimum allotment size - SEPP 1 objection - precedent - privacy and overlooking - accessibility of the private open space from the dwelling
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hurstville Local Environmental Plan 1994 State Environmental Planning No 1
Golden and Anor v Minister for Transport 121 LGERA 101 CASES CITED: Wehbe v Pittwater Council [2007] NSWLEC 827 Winten Property Group v North Sydney Council [2001] NSWLEC 294
DATES OF HEARING: 30 September 2010
EX TEMPORE JUDGMENT DATE : 1 October 2010
APPLICANT Mr D Loether, solicitor SOLICITORS Bartier Perry LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
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