Owsnett v Sutherland Shire Council [2022] NSWLEC 1528

Land and Environment Court New South Wales

Medium Neutral Citation: Owsnett v Sutherland Shire Council [2022] NSWLEC 1528 Hearing dates: 23 March 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No DA21/0241, for the demolition of the existing dwelling and construction of a new dwelling, games room and double garage, with ancillary driveway, earthworks, retaining works and landscaping, is determined by the granting of Development Consent subject to the Conditions in Annexure "A". (3) The Exhibits are returned, with the exception of Exhibits 1, B and C which are retained. Catchwords: APPEAL – Development Application – new dwelling – Foreshore Area – character – visual presence – overshadowing. Legislation Cited: Environmental Planning and Assessment Act 1979, cll 4.6, 8.7 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Coastal Management) 2018, cl 14 State Environmental Planning Policy (Resilience and Hazards) 2021 Sutherland Shire Local Environmental Plan 2015cll 1.8A, 2.3, 6.1, 6.2, 6.4, 6.7, 6.9, 6.16, 6.17 Cases Cited: Banool Developments Pty Ltd v Woollahra Municipal Council (1972) 2 NSWLR 353. Mona Vale Pty Limited v Pittwater Council (2003) NSWLEC 74. Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Todd Wesley Owsnett (First Applicant) Tamara Jade Owsnett (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Pickles SC (Applicants) S Berveling (Respondent)