Easton v Sutherland Shire Council [2006] NSWLEC 534

Land and Environment Court of New South Wales

CITATION : Easton v Sutherland Shire Council [2006] NSWLEC 534

APPLICANT Mark Easton PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10671 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- Development application, impact on foreshore, SEPP 1 objection for height control, bulk of dwelling, location on site, foreshore vegetation

Environmental Planning and Assessment Act LEGISLATION CITED: Sutherland Local Environmental Plan 2000 State Environmental Planning Policy No. 1

CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167

DATES OF HEARING: 05/12/2005, 06/02/2006 and 10/02/2006

EX TEMPORE JUDGMENT DATE : 02/10/2006

APPLICANT Mr P Clay, barrister SOLICITORS Michael Flaherty LEGAL REPRESENTATIVES: RESPONDENT Mr S Berveling, barrister Instructed by: Mr C Mathieson and Mr A Markham, solicitors of: Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

10 February 2006

10671 of 2005 Mark Easton v Sutherland Shire Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication 1 This is an extempore judgment 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 dwelling house at the property known as No.5-7 Griffin Parade, Illawong.