Bavcangiovski v Rockdale City Council

[2005] NSWLEC 408

Land and Environment Court

of New South Wales

CITATION:

Bavcangiovski v Rockdale City Council [2005] NSWLEC 408

PARTIES:

Applicant:
Dragi and Lube Bavcangiovski

Respondent:
Rockdale City Council

FILE NUMBER(S):

10916 of 2004

CORAM:

Roseth SC

KEY ISSUES:

Development Application :- consent orders

DATES OF HEARING:

18/07/2005

EX TEMPORE JUDGMENT DATE:

07/18/2005

LEGAL REPRESENTATIVES:

Applicant:
Ms J Hewitt, solicitor of Home Wilkinson Lowry

Respondent:
Ms K Gerathy, solicitor of Abbott Tout

JUDGMENT:

- 1 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

18 July 2004

10916 of 2004 Dragi and Lube Bavcangiovski v Rockdale City Council

JUDGMENT

The consequence of the Court’s decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court’s Orders and the conditions may be obtained from the Court’s registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court’s web site at

1 Senior Commissioner: This is an appeal against the deemed refusal of a development application by Rockdale City Council (the council) for a house on lot 4 DP 305657, known as 123 Queen Victoria Street, Bexley. The parties have come to an agreement to seek consent orders from the Court.

2 Mr B Krohn, a town planner with the council, told the Court that he had two major concerns with the application as it was originally proposed. First, it looked inappropriate in the street due to its height, excessive gable size and lack of articulation. Second, its design allowed for poor solar access. Following negotiations, the applicant amended the plans, lowering the floor level and the gable and introducing articulation into the front façade. Changes were also made to allow for more winter sunlight to enter the living areas. As a result, Mr Krohn had no further issues with the proposal.

3 There being no objectors, the Court granted the request for consent orders.

Orders

1. The appeal is upheld.
2. Development application for a house on lot 4 DP 305657, known as 123 Queen Victoria Street, Bexley is determined by the grant of consent subject to the conditions in Annexure A.
3. No order for cossts.
4. The exhibits are retained.
   
   __________________
   Dr John Roseth
   Senior Commissioner