Thiessen Architects v Sutherland Shire Council [2004] NSWLEC 480

Land and Environment Court of New South Wales

CITATION : Thiessen Architects v Sutherland Shire Council [2004] NSWLEC 480 Applicant: Thiessen Architects Pty Ltd PARTIES : Respondent: Sutherland Shire Council FILE NUMBER(S) : 10507 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application :- Non-compliance with site amalgamation provisions Non-compliance with FSR and height controls LEGISLATION CITED: Breakers v Sutherland Shire Council, Appeal No 10845 of 2001; CASES CITED: Melissa Grech v Auburn Council [2004] NSWLEC 40; Cornerstone Property Group v Warringah Shire Council [2004] NSW 189; Karavellas v Sutherland Shire Council [2004] NSWLEC 251 DATES OF HEARING: 23/08/2004 to 25/08/2004 DATE OF JUDGMENT: 08/27/2004

Mr G Newport, barrister instructed by Mr S Patterson of Wilshire Webb LEGAL REPRESENTATIVES: Ms S Duggan, barrister instructed by Mr C Matheson, council solicitor

JUDGMENT: - 10 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

27 August 2004

10507 of 2004 Thiessen Architect Pty Ltd v Sutherland Shire Council

JUDGMENT 1 SENIOR COMMISSIONER: This is an appeal against the deemed refusal of a development application to erect a mixed-use building containing commercial and residential use lot Pt 21 DP 4759, known as 19-21 Gerrale Street, Cronulla.

The site 2 The site is an amalgamation of Nos 19 and 21 Gerrale Street. It has a total area of 1,710m2 and frontage to Gerrale Street to the east, and to Surf Lane to the west. Adjoining to the south is an eight-storey apartment building, No 23 Gerrale Street. Adjoining to the north are three allotments: No 17 Gerrale Street (at the corner of Ocean Grove Avenue), No 2 Ocean Grove Avenue, and an electricity substation at 4 Ocean Grove Avenue at its intersection with Surf Lane.