Dodaro Robert v City of Canada Bay Council [2008] NSWLEC 1406

Land and Environment Court of New South Wales

CITATION : Dodaro Robert v City of Canada Bay Council [2008] NSWLEC 1406

APPLICANT Dodaro Robert PARTIES : RESPONDENT City of Canada Bay Council

FILE NUMBER(S) : 11303 of 2007

CORAM: Murrell C

KEY ISSUES: Development Application :- 2 x 2 attached dual occupancies to be constructed on 2 separate lots; view loss from adjoining properties; impact when viewed from waterway; exceedence of height and storey controls and impact on adjoining heritage park.

Environmental Planning and Assessment Act 1979 Sydney Harbour Foreshores and Waterways Area DCP LEGISLATION CITED: Sydney Harbour Catchment Sydney Regional Plan of 2005 Drummoyne Local Environmental Plan 1986 Canada Bay Local Environmental Plan 2008 Drummoyne Area Comprehensive Development Control Plan 1986

CASES CITED: Tenacity Consulting v Warringah Council [2004] NSWLEC 140

DATES OF HEARING: 01/05/2008 and 02/05/2008

DATE OF JUDGMENT: 15 October 2008

APPLICANT Mr A. Pickles, barrister Instructed by Avendra, Singh, Strati and Kam LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Jackson, solicitor of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

15 October 2008

11303 of 2007 Dodaro Robert v City of Cananda Bay Council

JUDGMENT 1 The Applicant in these proceedings is seeking to erect four dwellings. The proposal is for the development of two adjoining allotments each with an attached dual occupancy on each lot. The site is made up of Lots 7 and 8 known as 4A and 2A Checkley Street Abbotsford. Lot 7 is 730 sq m including the access handle from Hunter Street and Lot 8 is 673 sq m.