NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mahalingam v Hornsby Shire Council [2007] NSWLEC 412
APPLICANT Rajalingam Mahalingam PARTIES : RESPONDENT Hornsby Shire Council
FILE NUMBER(S) : 10183 of 2007
CORAM: Bly C
KEY ISSUES: Development Application :- two-storey dwelling house, streetscape and character, heritage, building height
Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan LEGISLATION CITED: Draft Hornsby Shire Local Environmental Plan Hornsby Shire Dwelling House Development Control Plan Hornsby Shire Heritage Development Control Plan
DATES OF HEARING: 22/06/2007
DATE OF JUDGMENT: 12 July 2007
APPLICANT Mr A E Galasso, SC, instructed by Ms M Albrecht, SOLICITORS Maddocks LEGAL REPRESENTATIVES:
RESPONDENT Mr T Pickup, solicitor SOLICITORS Storey and Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
12 July 2007
10183 of 2007 Rajalingam Mahalingam v Hornsby Shire Council
JUDGMENT Introduction 1 This appeal relates to Development Application No. 992/2006 which is for the demolition of an existing dwelling and the erection of a two-storey brick and tile dwelling house ("the proposed house") at 5 Sussex Street, Epping. The rectangular shaped site has an area of 873 square metres and has falls to the rear (west) and towards the adjoining property (7 Sussex Street) the north.
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