Kakoz & Anor v Fairfield City Council [2016] NSWLEC 1056

Land and Environment Court New South Wales

Medium Neutral Citation: Kakoz & Anor v Fairfield City Council [2016] NSWLEC 1056 Hearing dates: 29 January 2016 Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction: Class 1 Before: Pearson C Decision: 1.The appeal is upheld; 2. Modification Application No 910.2/2012 to modify Development Consent No 910.1/2012 for the construction of a two storey dwelling at 4 Dunstan Street Fairfield West is determined by approving the modifications as set out in Annexure A; 3. As a consequence of order (2), Development Consent No 901.1/2012 is now subject to the consolidated, modified conditions of development consent set out in Annexure B; and 4. The exhibits, other than Exhibits 3, 7, 8, A and B, are returned. Catchwords: DEVELOPMENT MODIFICATION: Alterations to approved dwelling house – Increase in internal void space – Reduction in side setback – Solar access and privacy impacts - Streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Fairfield Local Environmental Plan 1994 Fairfield Local Environmental Plan 2013 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Cenan Kakoz (First Applicant) Rasha Daniel (Second Applicant) Fairfield City Council (Respondent) Representation: Mr C E Hage, agent (Applicants) Mr J Thompson, Richie & Castellan Solicitors (Respondent) File Number(s): 11009 of 2015 Publication restriction: No