Jefferson M Robinson & Associates Pty Ltd v Sutherland Shire Council [2004] NSWLEC 261

Land and Environment Court of New South Wales

CITATION : Jefferson M Robinson & Associates Pty Ltd v Sutherland Shire Council [2004] NSWLEC 261 APPLICANT Jefferson M Robinson & Associates Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 11128 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- Caravan park with existing use rights - seeks conversion to community title subdivision with detached house on each lot - beneath flight path to Sydney Airport - ANEF 25-30 noise zone - beside flora and fauna habitat - near potential disaster risk industry. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan No. 17 Sutherland Local Environmental Plan 2000 CASES CITED: Russo v Kogarah 86 LGERA 300 DATES OF HEARING: 15,16 and 19/03/2004 EX TEMPORE 03/18/2004 JUDGMENT DATE :

APPLICANT Mr A Galasso, barrister SOLICITORS Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr D Parry, barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11128 of 2003 Hoffman C 19 March 2004 Jefferson M Robinson and Associates Pty Ltd Applicant

v Sutherland Shire Council Respondent Judgment

1. This was a class 1 appeal 11128 of 2003 between Jefferson M Robinson and Associates Pty Ltd and Sutherland Council regarding the deemed refusal to consent to convert to another use, an existing use under Div 10 of the Environmental Planning and Assessment Act 1979 being a caravan park and motel, at a site known as 228 to 294 Prince Charles Parade at Kurnell.