Payne S v Sutherland SC [2005] NSWLEC 97

Land and Environment Court of New South Wales

Payne S v Sutherland SC [2005] NSWLEC 97 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Stuart Payne

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11376 of 2004

CORAM: Bly C

Development Application :- demolition of existing dwelling and subdivision of land into two allotments and the erection of an attached dual occupancy development on the two allotments - character and streetscape - removal of mature trees - subdivision design. KEY ISSUES:

Sutherland Shire Loal Environmental Plan 2000 Development Control Plan for Dual Occupancy Housing Sutherland Development Control Plan - Landscaping LEGISLATION CITED: Draft Sutherland Shire Local Environmental Plan 2004 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 1 - Development Standards

DATES OF HEARING: 17/02/2005

DATE OF JUDGMENT: 03/11/2005

APPLICANT Mr J Maston , barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr R O'Gorman-Hughes, solicitor of Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

11 March 2005

11376 of 2004 Stuart Payne v Sutherland Shire Council

JUDGMENT Introduction 1 This appeal relates to Development Application No 04/0290, which is for the demolition of an existing dwelling, the subdivision of the land into two allotments and the erection of an attached dual occupancy development on each of the two new allotments. Each of the dwellings is to have two stories and contain three bedrooms and a double garage.