Harbour Port Constructions Pty Limited v Sutherland Shire Council [2005] NSWLEC 697

Land and Environment Court of New South Wales

CITATION : Harbour Port Constructions Pty Limited v Sutherland Shire Council [2005] NSWLEC 697

APPLICANT Harbour Port Constructions Pty Limited

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10615 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- Proposed ramp and pontoon - environmental issues - character of the location

Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2000 LEGISLATION CITED: Development Control Plan 9.2/04 edition 1 State Environmental Planning Policy No. 1

DATES OF HEARING: 29/11/2005 and 20/12/2005

DATE OF JUDGMENT: 12/20/2005

EX TEMPORE JUDGMENT DATE : 12/20/2005

APPLICANT Mr T. Howard, barrister SOLICITORS Freidman Reeves

LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Mathieson, solicitor for Sutherland Shire Council Legal Branch

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

20 December 2005

10615 of 2005 Harbour Port Constructions Pty Limited v Sutherland Shire Council

JUDGMENT 1 This is appeal 10615 of 2005 between Harbour Port Constructions Pty Limited and Sutherland Shire Council in regard to a proposal for a proposed ramp and pontoon at No 36 Sandbar Place, Lilli Pilli, which has absolute frontage to the Port Hacking River. The site contains a single dwelling, boat shed, sliprails and jetty at the moment. The application had also included in the original application a request for authorisation of the existing sliprails. However this has been withdrawn from the application. 2 The plans in exhibit B now reflect the proposal that is before me in the modified form. It has been exhibited for comment and there has been no objection from the neighbours. The Court had the benefit of a report from Ms L Collins, town planner of Sutherland Shire Council, for information on the necessary matters to be considered.