Mc Fadyen v Kogarah Council [2007] NSWLEC 8

Land and Environment Court of New South Wales

CITATION : Mc Fadyen v Kogarah Council [2007] NSWLEC 8

Applicant: McFadyen Architects Pty Ltd and the Macedonian Aged Care Accommodation Ltd PARTIES : Respondent: Kogarah Council

FILE NUMBER(S) : 10316 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- Residential care facility

LEGISLATION CITED: State Environmental Planning Policy Seniors Living

DATES OF HEARING: 18/12/2006 and 19/12/2006

DATE OF JUDGMENT: 10 January 2007

Applicant: LEGAL REPRESENTATIVES: Mr J Ayling SC instructed by Ms S Hill, solicitor Ms C Schofield, solicitor of Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

10 January 2007

10316 of 2006 McFadyen Architects Pty Ltd and the Macedonian Aged Care and Accommiodation Ltd v Kogarah Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Kogarah Council (the council) of a development application to demolish the existing buildings and erect a two-storey residential care facility containing 64 beds over basement parking on lots 1 and 2 DP 7754, known as 220-202 West Street, Carlton.

The site 2 The site comprises two residential allotments, on one of which now stands a large house. On the other allotment the existing building is small. The combined area of the allotments is 3,080m2. The location is on the east side of West Street, about 50m from its intersection with Blakesley Road. The surrounding area is low-density housing and zoned for that purpose. The site is flat and largely without vegetation except for three trees near the south boundary. 3 To the rear of the site is industrial land. The property to the south is 204 West Street, a detached house. Along the north boundary are the rear boundaries of eleven residential properties facing Blakesley Road, though only eight of these are along that part of the site that can be developed.