NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Durward Pty Ltd v Sutherland Shire Council [2004] NSWLEC 12 APPLICANT Durward Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11034 of 2003 CORAM: Hussey C KEY ISSUES: Development Application :- Area context - building design - streetscape - solar access - landscaping - public interest
LEGISLATION CITED: Environmental Planning and Assessment Act Sutherland Shire Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 12, 13, 14 January 2004 DATE OF JUDGMENT: 01/28/2004
APPLICANT Mr P Clay, barrister SOLICITORS McKees Legal Solutions
LEGAL REPRESENTATIVES:
RESPONDENT Mr R O'Gorman Hughes, solicitor
JUDGMENT:
IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11034 of 2003
Hussey C
28 January 2004
Durward Pty Ltd Applicant v
Sutherland Shire Council Respondent
Judgment
Background
1. This matter involves an appeal against council's deemed refusal of a development application for 8 residential villas and 14 townhouses comprising a total of 22 x 3-bedroom units, with basement carparking for 49 vehicles.
2. The site is located at 54 - 62 Osprey Drive, Illawong. It is roughly trapezial-shaped, with a total area of 7674.1 sq m. It has a frontage to Osprey Drive of 80.46 m and extends through to Lambeth Place where it has a 69.73 m frontage.
3. The site contains a single storey fibre cement dwelling house, a garage and minor outbuildings. On the site there are a number of native trees including groups of eucalyptus.
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