Architecture and Building Works Pty Ltd v Sutherland Shire Council [2003] NSWLEC 329

> Land and Environment Court of New South Wales

CITATION : Architecture and Building Works Pty Ltd v Sutherland Shire Council [2003] NSWLEC 329 APPLICANT Architecture and Building Works Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10842 of 2003 CORAM: Brown C KEY ISSUES: Development Application :- Demolition of existing dwellings - erection of 7 townhouses and 4 villas - streetscape - characater of area LEGISLATION CITED: Sutherland Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 29 - 30/10/2003 EX TEMPORE JUDGMENT DATE : 10/30/2003

APPLICANT Mr P Clay, barrister

SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister

SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10842 of 2003

Brown C

30 October 2003

Architecture and Building Works Pty Ltd Applicant v

Sutherland Shire Council Respondent

Judgment

1 This is an appeal against the refusal by Sutherland Shire Council (the council) of Development Application No. 03/0889 for the demolition of three existing dwellings and the erection of five separate buildings for seven townhouses and three villas. A basement carpark is provided with two access points.

2 The site consists of three separate lots being lots 17, 18 and 19 in DP 35181 and is known as 10-14 Vermont Street, Sutherland (the subject site). The lots are regular in shape and have a total frontage of 48.65 m to Vermont Street, a depth of 67.055 m, and an area of 3,249 m2. The subject site slopes from east to west or generally to Vermont Street with a fall of some 15 m. A number of large rock outcrops occur on the subject site and provide significant changes in levels.