Archiworks Architects Pty Limited v Sutherland Shire Council [2004] NSWLEC 392

Land and Environment Court of New South Wales

CITATION : Archiworks Architects Pty Limited v Sutherland Shire Council [2004] NSWLEC 392 APPLICANT: Archiworks Architects Pty Limited RESPONDENT: PARTIES : APPLICANT: Archiworks Architects Pty Limited RESPONDENT: Sutherland Shire Council FILE NUMBER(S) : 10434 of 2004 CORAM: Watts C at 1 KEY ISSUES: Development Application :- Height - bulk and scale - Privacy Streetscape LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 - (SSLEP)Development Control Plan for Dwelling Houses in 2(a1), 2(a2) and 2(b) Residential Zones - Environmental Planning and Assessment Act 1979, ss79C and 97 CASES CITED: Meriton v Sydney City Council [2004] NSWLEC 313 - Winten Property Group Limited -v- North Sydney Council, [2001] NSWLEC 46, DATES OF HEARING: 15/07/2004 EX TEMPORE 07/15/2004 JUDGMENT DATE :

APPLICANT: Mr Minh Van Hoang SOLICITOR: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr C R Mathieson, solicitor SOLICITOR: N/A

JUDGMENT:

Appeal No 10434 of 2004

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

15 July 2004

10434 of 2004 Archiworks Architects Pty Limited v Sutherland Shire Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the decision of Sutherland Shire Council, (the council) to refuse a development application to demolish the existing dwelling on the land and to erect a new dwelling at Lot 72 DP 873237, being No. 9 Gascoyne Place, Illawong, NSW, 2234.