Bachir v Kogarah City Council [2013] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Bachir v Kogarah City Council [2013] NSWLEC 1124 Hearing dates: 1-2 July 2013 Decision date: 12 July 2013 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: MODIFICATION: increase in height of constructed dwelling; impact on streetscape; impact on view from neighbouring property Legislation Cited: Environmental Planning & Assessment Act 1979 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Alphatex Australia v The Hills Shire Council (No 2) [2009] NSWLEC 1126 Pafburn v North Sydney Council [2005] NSWLEC 444 Super Studio v Waverley [2004] NSWLEC 91 Tenacity Consulting v Warringah [2004] NSWLEC 140 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Raed Bashir (Applicant) Kogarah City Council (Respondent) Representation: Applicant: Mr S Nash (Barrister) Respondent: Ms S Puckeridge (Solicitor) Solicitors Applicant: Salim Rutherford Lawyers Respondent: Matthews Folbigg Pty Ltd File Number(s): 10274 of 2013

Judgment 1COMMISSIONER: The applicant appeals Kogarah City Council's refusal of a Section 96 Modification Application No. 347/2010/4 to allow an increase in building height and an increase in floor space ratio for a newly constructed two-storey dwelling. 2The appeal to the Court is made under s 97AA(b) of the Environmental Planning and Assessment Act 1979 (the Act), that is, as a deemed refusal. Since the filing of the Class 1 application, the council determined the s 96 application and resolved to refuse it.