Greenbank v Sutherland Shire Council [2004] NSWLEC 380

Land and Environment Court of New South Wales

CITATION : Greenbank v Sutherland Shire Council [2004] NSWLEC 380 APPLICANT Donald Greenbank PARTIES :

RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 11636 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- Subdivision of land LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/05/2004 EX TEMPORE 05/13/2004 JUDGMENT DATE :

APPLICANT Mr D Greenbank, self represented

LEGAL REPRESENTATIVES: RESPONDENT Mr C Matheison, solilcitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

13 May 2004

11636 of 2003 Donald Greenbank v Sutherland Shire Council

JUDGMENT 1 This is an application that has come before the Court commencing as an on-site hearing in terms of an appeal against the council's refusal of a development application for the subdivision of land located at 1389 Princes Highway, Heathcote.

2 The proposal was originally considered on-site and the council raised a number of relevant issues for the subdivision of the land, one being that Council needed to be satisfied that a reasonable size dwelling house in terms of future expectations of a future purchaser of the subject subdivided lot could expect and also the impacts on the adjoining property to the south which is within a medium density development.

3 The Court adjoined the proceedings on-site to allow the applicant the opportunity to prepare an indicative plan so that it could be assessed in terms of whether a dwelling house of a reasonable size without undue or unreasonable impacts on the adjoining property which also has access from the rear lane could be achieved.