Seribray Pty Ltd v Sutherland Shire Council [2000] NSWLEC 136

Land and Environment Court of New South Wales

CITATION : Seribray Pty Ltd v Sutherland Shire Council [2000] NSWLEC 136 APPLICANT Seribray Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 11042 of 1999 CORAM: Pearlman J KEY ISSUES: Development :- SEPP 5 - access - tree removal Development Control Plan 9.1/07 Edition 5 - Housing for Aged and Disabled Environmental Planning and Assessment Act 1979 s 79C LEGISLATION CITED: State Environmental Planning Policy No 1 State Environmental Planning Policy No 5 Sutherland Shire Local Environmental Plan 1993 CASES CITED: Seribray Pty Ltd v Sutherland Shire Council [2000] NSWLEC 102, unreported DATES OF HEARING: 31/05/2000, 01/06/2000, 02/06/2000, 05/06/2000 DATE OF JUDGMENT: 06/29/2000

APPLICANT Mr P C Tomasetti (Barrister) SOLICITORS Hardings LEGAL REPRESENTATIVES: RESPONDENT Mr P J McEwen SC SOLICITORS Sutherland Shire Council

JUDGMENT:

Contents

Section Paragraph Number

Introduction 1 to 3 The site and its surrounds 4 to 7 The proposal 8 to 11 The statutory context 12 to 16 The issues 17 to 18 Access - Kurramatta Lane (issue 2 and issue 3) 19 to 33 Trees (issue 6, issue 7 and issue 12) 34 to 45 Remaining Issues 46 Access to shops and other services and facilities (issue 1) 47 to 50 Width of internal access road and turning area into garages (issue 4 and issue 5) 51 to 53 Design and bulk of the development on the northern boundary (issue 8) 54 to 59 Visual and acoustic privacy (issue 9) 60 to 62 Internal amenity of units 18 and 19 (issue 10) 63 Removal of the structures on the foreshore lot (issue 11) 64 to 67 Issues raised by objectors (issue 13) 68 to 70 Conclusion 71 to 72