NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tarnowski v Sutherland SC [2005] NSWLEC 543
APPLICANT Danuta Tarnowski
PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11336 of 2004
CORAM: Murrell C
KEY ISSUES: Development Application :- 2 lot Subdivision and dwelling house - Landscaping - Topography - Carparking - overshadowing
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000
DATES OF HEARING: 12/04/2005, 21/07/2005 and 12/09/2005 EX TEMPORE JUDGMENT DATE : 09/12/2005
APPLICANT Ms D. Tarnowski - litigant in person and Mr C. Cochrane, surveyor LEGAL REPRESENTATIVES: RESPONDENT Mr C. Mathieson, solicitor of Sutherland ShireCouncil
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
12 September 2005
11336 of 2004 Danuta Tarnowski v Sutherland Shire Council
JUDGMENT 1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act against Sutherland Shire Council's refusal of a development application for a subdivision of the land known as 42 Higgerson Avenue, Engadine into 2 allotments one with a site area of 912 sq m and the other 1221 sq m.
2 The matter initially commenced as an on-site hearing, however it was adjourned to allow the applicant the opportunity to submit further details on a number of issues including: drainage; stormwater; retaining walls; geotechnical information; and an amended plan and footprint of the proposed dwelling for the second lot.
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