Donald Hochkins v Canterbury-Bankstown City Council [2017] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Donald Hochkins v Canterbury-Bankstown City Council [2017] NSWLEC 1229 Hearing dates: 1 and 2 May 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application No. 575/2016 for a dual occupancy including subdivision at 754A Henry Lawson Drive, Picnic Point is refused. 3. The exhibits, except Exhibits 1, A and E, are returned. Catchwords: DEVELOPMENT APPLICATION – attached dual occupancy, dual occupancy subdivision, loss of significant trees, FSR, solar access Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Bankstown Local Environmental Plan 2015 Category: Principal judgment Parties: Donald Hochkins (Applicant) Canterbury-Bankstown City Council (Respondent) Representation: Counsel: Ms L Saw (Applicant)

Solicitors: Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/19916 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a development application by Canterbury-Bankstown City Council (the Council), for the development of an attached dual occupancy (two dwellings) and associated two lot subdivision at 254A Henry Lawson Drive, Picnic Point (the site). 2. The key issue associated with the application is the loss of two significant trees on the site. Secondary issues relate to the proposed FSR and solar access into one of the proposed dwellings.