Classic Developments Pty Limited v Sutherland Shire Council [2004] NSWLEC 515

Land and Environment Court of New South Wales

CITATION : Classic Developments Pty Limited v Sutherland Shire Council [2004] NSWLEC 515 APPLICANT Classic Developments Pty Limited PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10659 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Town House Development - Floor Space Ratio - Streetscape - Overshadowing - Privacy

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire LEP 2000 Draft Sutherland Shire LEP 2004 CASES CITED: DATES OF HEARING: 13/09/04 EX TEMPORE 09/13/2004 JUDGMENT DATE :

APPLICANT Mr S. Kondilios, solicitor SOLICITOR Maddocks LEGAL REPRESENTATIVES:

RESPONDENT Mr R. O'Gorman-Hughes, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

13 September 2004

10659 of 2004 Classic Development Pty Limited v Sutherland Shire Council

JUDGMENT

The following decision and orders were handed down (orally) extempore on 13 September 2004. Some minor alterations and additions have been made in the interests of clarity and completeness. 1 This matter concerns a s. 97 appeal against a refusal of a development application for the demolition of an existing house and construction of 8 x 2 storey town houses at 20-22 High Street, Caringbah.

2 Initially a number of issues were identified, however subsequently conferencing by the parties has resulted in a number of amendments to the proposal, so that the parties now agree to consent orders.