Archer v Lake Macquarie Council [2008] NSWLEC 1174

Land and Environment Court of New South Wales

CITATION : Archer v Lake Macquarie Council [2008] NSWLEC 1174

APPLICANT Victor Archer PARTIES : RESPONDENT Lake Macquarie Council

FILE NUMBER(S) : 10196 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application :- 2-Storey house, setbacks, views, flooding, privacy, solar access.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Lake Macquarie Local Environmental Plan 2004

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

DATES OF HEARING: 28/04/2008

EX TEMPORE JUDGMENT DATE : 28 April 2008

APPLICANT Mr G. Long, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Mr D. Briggs, solicitor of D G Briggs & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

28 April 2008

10196 of 2008 Victor Archer v Lake Macquarie Council Council

JUDGMENT 1 This is Class 1 Appeal No. 10196 of 2008 between Archer and the City of Lake Macquarie in regard to Development Application No. 1994/2007 for the demolition of an existing single storey weatherboard cottage and garage and the construction of a new 2-storey brick residence with single storey garage at No. 10 Paley Crescent, Belmont South.

2 The property is a small lot being 309 square metres in area and is approximately 8.5 metres wide and having a slightly splayed frontage to Ethel Street and the more heavily splayed frontage to Paley Crescent. Paley Crescent runs between a row of houses on the southern side of the street and a foreshore reserve on the northern side of the street that fronts Lake Macquarie.