John Parkes v Sutherland Shire Council [2006] NSWLEC 389

Land and Environment Court of New South Wales

CITATION : John Parkes v Sutherland Shire Council [2006] NSWLEC 389

APPLICANT John Parkes PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10308 of 2006

CORAM: Brown C

KEY ISSUES: Appeal :- modification of approval for dwelling - roof form - effect on heritage item from view loss

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2000

CASES CITED: Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240

DATES OF HEARING: 29/06/06

DATE OF JUDGMENT: 07/06/2006

APPLICANT Mr B Phillips, solicitor Of: Macedone Christie Willis Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr C Mathieson, solicitor SOLICITORS Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 July 2006

10308 of 2006 John Parkes v Sutherland Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Sutherland Shire Council to modify, under s 96 of the Environmental Planning and Assessment Act 1979, Development Application No. 04/0300 for the erection of the erection of a dwelling at 4 Loch Lomond Crescent, Burraneer (the site).

2 The modification application relates to the change of the approved curved roof form to a more of traditional pitched roof form. The dwelling approved under Development Application No. 04/0300 has been erected with the roof form proposed in the modification application. In accordance with the decision of Talbot J in Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240, a s 96 application that relates to development that has already being carried out can be considered on its merits. 3 The site has a frontage to Loch Lomond Crescent and slopes from the street to the high watermark of Port Hacking.