Marinic International P/L v Sutherland SC [2005] NSWLEC 122

Land and Environment Court of New South Wales

CITATION : Marinic International P/L v Sutherland SC [2005] NSWLEC 122

APPLICANT Marinic International Pty Limited

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11281 of 2004

CORAM: Hussey C

KEY ISSUES: Development Application :- demolition of existing structure and construction of six 2-storey attached dwellings - streetscape - character of the neighbourhood - height - parking - landscaping.

Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2000 (LEP) LEGISLATION CITED: Development Control Plan for Townhouses and Villa Houses (DCP) Draft Sutherland Shire Local Environmental Plan 2004 (DLEP)

DATES OF HEARING: 21/01/2005 and 25/02/2005

DATE OF JUDGMENT: 03/30/2005

APPLICANT Mr P. Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr C. Mathieson, solicitor of Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

30 March 2005

11281 of 2004 Marinic International Pty Limited v Sutherland Shire Council

JUDGMENT

Background. 1 This appeal was lodged against council's refusal of a development application for the demolition of existing structures and the construction of six 2-storey attached dwellings, with garages and located at 89/91 Willarong Road, Caringbah. In the initial application, each dwelling contained three bedrooms and the second level of the dwellings is located within the roof as an attic type arrangement.