NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Savage Property Enterprises v Orange City Council [2008] NSWLEC 1336
APPLICANT Savage Property Enterprises PARTIES : RESPONDENT Orange City Council
FILE NUMBER(S) : 10259 of 2008
CORAM: Tuor C
Development Application :- Demolish houses, part demolish and alterations and additions to another building, construct a new 4 storey commercial building with basement car parking. KEY ISSUES: Impact on heritage significance of Conservation Area Height, bulk and scale Impact on residential amenity
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Orange Local Environmental Plan 2000 Orange Development Control Plan 2004
DATES OF HEARING: 18/08/2008 and 19/08/2008
EX TEMPORE JUDGMENT DATE : 22 August 2008
APPLICANT Mr J. Ayling, SC Instructed by Mr G. McKee of McKee Legal Solutions LEGAL REPRESENTATIVES:
RESPONDENT Mr J. Robson, SC Instructed by Mr P. Crennan of McIntosh McPhillamy & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
22 August 2008
10259 of 2008 Savage Property Enterprises v Orange City Council
JUDGMENT 1 This is an appeal against the refusal by Orange City Council (council) of a development application (401/2007) under the Environmental Planning and Assessment Act 1979 for demolition of the buildings at 65 Hill Street and 66 Summer Street, part demolition and alterations and additions to 68 Summer Street and construction of a new four storey commercial building with basement parking for 57 cars (the site).
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