NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: TERRA FERMA PTY LTD v Sutherland Shire Council [2022] NSWLEC 1522 Hearing dates: 26 and 27 May 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development consent for Development Application number DA21/0842 for the demolition of existing dwellings and associated structures, retention of existing improvements in the foreshore area, including the swimming pool, boatshed and associated structures, tidal pool and construction of a Multi Dwelling Housing Development is refused. (3) The exhibits are returned with the exception of Exhibits A and C. Catchwords: Medium Density Housing – Clause 4.6 – Character – Amenity – Privacy Legislation Cited: Environmental Planning and Assessment Act 1979, cll 4.6, 8.7 Land and Environment Court Act 1979, s 34 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.6, 6.7, 6.9, 6.14, 6.16, 6.17 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Terra Ferma Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: S Berveling SC (Applicant) J Cole (Solicitor) (Respondent)
Solicitors: Conomos Legal (Applicant) HWL Ebsworth (Respondent) File Number(s): 2021/296924 Publication restriction: No
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