Kelly v Sutherland Shire Council [2006] NSWLEC 735

Land and Environment Court of New South Wales

CITATION : Kelly v Sutherland Shire Council [2006] NSWLEC 735

APPLICANT Lorraine Kelly PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10621 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- change of existing buildings on-site from a single occupancy to a dual occupancy - preliminary issue of permissability

LEGISLATION CITED: Sutherland Local Environmental Plan 2000

DATES OF HEARING: 2/11/06

EX TEMPORE JUDGMENT DATE : 11/02/2006

APPLICANT Mr P Rigg, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

2 November 2006

10621 of 2006 Lorraine Kelly v Sutherland Shire Council

JUDGMENT 1 This appeal comes before the Court in relation to DA06/0288 to change the use of the existing buildings on-site from a single occupancy to a dual occupancy by utilising the existing music room as a single bedroom and to convert the temporary kitchen to a permanent kitchen. It is further proposed to use one of the garage spaces as a garage for the one bedroom dual occupancy. It is not proposed to subdivide the dual occupancy develop either by Torrens title or Strata title.

2 The site is 678 Port Hacking Road, Dolans Bay. It is described as Lot C in DP384014 and is a long and relatively narrow waterfront property that contains an existing two-storey dwelling house with a detached two-storey garage and games room building. The north west boundary of the site adjoining 674-676 Port Hacking Road is approximately 149.5 m in length. The south east boundary of the site adjoining 680 and 682 Port Hacking Road is approximately 48.5 m in length with a splay of approximately 8.2 m, and then a further length of approximately 93.6 m to Dolans Bay. The southern part of the allotment is 6.095 m in width and the allotment width varies between 13 m and 14 m as the site falls towards the northern boundary adjoining Dolans Bay. The site has a total area of 1568 sq m.