Longitude Planning v Sutherland SC [2005] NSWLEC 428

Land and Environment Court of New South Wales

CITATION : Longitude Planning v Sutherland SC [2005] NSWLEC 428

APPLICANT Longitude Planning

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10138 of 2004

CORAM: Murrell C

Appeal :- Refusal of subdivision - impact on foreshore and vegetation - cul-de-sac turning circle - adequacy of lot to accommodate dwelling KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Development Control Plan - Sandy Point

DATES OF HEARING: Telephone mentions 26/08/2004, 15/10/2004, 3/12/2004,11/02/2005, 03/03/2005, 18/03/2005, 19/04/2005 - (Hearing dates) 27/07/2004 and 19/07/2005 EX TEMPORE JUDGMENT DATE : 07/19/2005

APPLICANT Mr M. Ball, solicitor

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

19 July 2005

10138 of 2004 Longitude Planning v Sutherland Shire Council

JUDGMENT 1 This matter has come before me today as consent orders. The appeal was in respect of a refusal by Sutherland Shire Council for a subdivision application of the property known as No. 25 St Georges Crescent, Sandy Point.

2 The matter is one that has since that time progressed in terms of the council's issues that were originally identified in the statement of issues being resolved and this has been due partly to additional land from an adjoining property owner to the north being incorporated in the proposed subdivision.