Ougra & Ors v The Hills Shire Council [2012] NSWLEC 1178

Land and Environment Court New South Wales

Medium Neutral Citation: Ougra & Ors v The Hills Shire Council [2012] NSWLEC 1178 Hearing dates: 24 May 2012 Decision date: 27 June 2012 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA 1278/2011/HB for the demolition of existing structures and construction of an attached dual occupancy at 26 Moseley Street, Carlingford subject to the conditions in Annexure A. (3)The exhibits may be returned except 1, 3, 4, 6, A and B. Catchwords: DEVELOPMENT APPLICATION - Attached dual occupancy, compatibility with the character of the area, amenity impacts on neighbours, public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005 Category: Principal judgment Parties: Mr H S Ougra and Mrs G K Ougra (Applicants)

The Hills Shire Council (Respondent) Representation: Ms Lee - May Saw (Applicant)

Mr C Winn (Respondent) File Number(s): 10113 of 2012

Judgment

Background 1This appeal was lodged against Council's refusal of a development application for the demolition of an existing dwelling and construction of an attached dual occupancy at 26 Moseley Street Carlingford. 2The proposed dual occupancy is two (2) storeys in height with each unit containing four (4) bedrooms. Vehicular access is proposed via a single driveway from Moseley Street, with a vehicle manoeuvring area within the front setback. A double garage is proposed for units, with the Unit 1 garage being a stacked arrangement. 3It is proposed to retain the existing 1 m high retaining wall along the site frontage.