NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Nanevski Developments Pty Limited v Rockdale City Council [2010] NSWLEC 1369 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES : APPLICANT: Nanevski Developments RESPONDENT: Rockdale City Council
FILE NUMBER(S) : 10629 of 2010
CORAM: Murrell C
:- Development application for aged care facility under State Policy. KEY ISSUES: SEPP 1 variations to height, storeys, and 25% single storey rear component Adverse impacts on adjoining residential properties – privacy; solar access; bulk and height; traffic and parking; and impact on streetscape
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Rockdale Local Environmental Plan 2000 Development Control Plan No. 40 – housing for older people or people with a disability
CASES CITED: Wehbe v Pittwater [2007] NSWLEC 827 Winten Property Group v North Sydney Council [2001] NSWLEC 46
TEXTS CITED: Building Code of Australia
DATES OF HEARING: 12 & 13 October, 3 & 6 December 2010
EX TEMPORE JUDGMENT DATE : 6 December 2010
APPLICANT Mr Tomasetti SC SOLICITORS Mr D Briggs DG Briggs & Associates LEGAL REPRESENTATIVES:
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