NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Danckert v Cessnock City Council [2012] NSWLEC 1123 Hearing dates: 21 and 30 March 2012 Decision date: 02 April 2012 Jurisdiction: Class 1 Before: Tuor C Decision: (1)The appeal is dismissed (2)The development application (DA8/2010/565/1) for the demolition of an existing dwelling and outbuildings and the erection of 4 single storey 2 bedroom dwellings and a 4 lot strata subdivision at 128 Congewai Street, Aberdare is refused, and; (3)The exhibits, except Exhibit 1, may be returned. Catchwords: DEVELOPMENT APPLICATION - multi dwelling housing. Consistency with planning objectives of draft planning instrument that is imminent and certain. Existing and desired future character. Cases Cited: Blackmore Design Group Pty Limited v North Sydney Council 2001 NSWLEC 279 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA 289 Texts Cited: Cessnock Local Environmental Plan 1989 Cessnock Local Environmental Plan 2011 Environmental Planning And Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy - Seniors Living Category: Principal judgment Parties: Danckert (Applicant)
Cessnock City Council (Respondent) Representation: Counsel Ms P Wright, solicitor (Applicant)
Ms K Gerathy, solicitor (Respondent) Solicitors PJ Donnellan & Co Pty Ltd (Applicant)
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