Tuffy v Sutherland Shire Council [2006] NSWLEC 812

Land and Environment Court of New South Wales

CITATION : Tuffy v Sutherland Shire Council [2006] NSWLEC 812

APPLICANT Richard Tuffy PARTIES :

RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10674 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Construction of boatshed, compliance with foreshore controls, excessive excavation, boatshed design

Environmental Planning and Assessment Act LEGISLATION CITED: Sutherland Local Environmental Plan 2000 Sutherland Local Environmental Plan 2006

DATES OF HEARING: 11/12/2006

EX TEMPORE JUDGMENT DATE : 12/11/2006

APPLICANT Mr G Newport, barrister

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

11 December 2006

10674 of 2006 Richard Tuffy v Sutherland Shire Council

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.

Background 1 This appeal was lodged against council's refusal of a development application for the construction of a boat shed and associated works on a foreshore property situated at 44 Coopernook Avenue, Gymea Bay.

2 The refusal was due mainly to the applications failure to satisfy the LEP provisions relating to impact on foreshore areas, particularly the proposal for significant excavation into the natural rock to construct the boat shed and associated retaining walls on the foreshore. The height of the boat shed, the amount of excavation along with the removal of the natural rock areas along the foreshore was considered excessive and inappropriate in terms of the built up appearance of the foreshore, loss of natural shoreline and the natural rock features of the site.