Moussa v Queanbeyan-Palerang Regional Council [2019] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: Moussa v Queanbeyan-Palerang Regional Council [2019] NSWLEC 1277 Hearing dates: 28 – 29 May 2019 Date of orders: 29 May 2019 Decision date: 29 May 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application DA31/2018 for the erection and use of proposed green roof atop the existing garage and associate structures including 600mm high brick planter, concrete staircase, 1000mm high balustrade and gated steel cable and anchor for maintenance at 2A Meredith Street, Queanbeyan is refused. (3) The exhibits are returned except for Exhibits A, B and 8. Catchwords: DEVELOPMENT APPEAL – rear setback – building design – heritage conservation area – character – streetscape – overlooking to neighbours Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Queanbeyan Local Environmental Plan 2012 Cases Cited: Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Queanbeyan Development Control Plan 2012 Category: Principal judgment Parties: Wasfy Iskander Moussa (Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Solicitors: K Huxley, McCabe Curwood (Applicant) A Bradbury, Bradley Allen Love Lawyers (Respondent) File Number(s): 2018/312595 Publication restriction: No