Wisdom v Sutherland Shire Council [2005] NSWLEC 656

Land and Environment Court of New South Wales

CITATION : Wisdom v Sutherland Shire Council [2005] NSWLEC 656

Applicant: Clive Wisdom PARTIES : Respondent: Sutherland Shire Council

FILE NUMBER(S) : 10591 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- privacy

DATES OF HEARING: 17/11/2005 EX TEMPORE JUDGMENT DATE : 11/17/2005

Applicant: LEGAL REPRESENTATIVES: Mr M Ball, agent

Mr A Markham, council solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

17 November 2005

10591 of 2005 Clive Wisdom v Sutherland Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Sutherland Shire Council (the council) of a development application to modify Development Consent 04/0417. That consent approved a first-floor addition to the existing single-storey house on the site. The amendment seeks to extend the rear balcony to the full width of the first floor. The parties have reached agreement and seek consent orders. 2 The main issue in the case is the privacy of three properties, 1/18, 2/18 and 20 Alkaringa Road, Miranda. The applicant has amended the proposal by adding privacy screens to a height of 1.7m so that there will be no outlook towards No 20 and the rear yards of Nos 1/18 and 2/18. The owner of No 20 has declared himself to be satisfied. However, Mr J Faddy of No 2/18 and Mr K and Mrs L Thomson of No 1/18 remain objectors. 3 None of the objectors was present at the on-site hearing. I am satisfied that the 1.7m-high screen will shield the rear yards of Nos 1/18 and 2/18. For that reason, I agree to the granting of consent orders.