Sachmacinski v Sutherland SC [2006] NSWLEC 110

Land and Environment Court of New South Wales

CITATION : Sachmacinski v Sutherland SC [2006] NSWLEC 110

APPLICANT Katrina Sachmacinski PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10708 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- three storey dwelling house - loss of views and privacy - building height and setbacks - demolishion and excavation.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2000

CASES CITED: Tenacity Consulting v Warringah C [2004] NSWLEC 140

DATES OF HEARING: 9/02/2006

EX TEMPORE JUDGMENT DATE : 02/09/2006

APPLICANT Mr P. Vergotis, solicitor LEGAL REPRESENTATIVES: of MatthewsFolbigg RESPONDENT Ms E. Ranken, solicitor of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

9 February 2006

10708 of 2005 Katrina Sachmacinski v Sutherland Shire Council

This decision was given extemporaneously on site. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to development application No. 04/1313 which is for the demolition of an existing dwelling house and the construction of a new three-storey dwelling house and swimming pool at No. 19 Cumbee Lane, Caringbah being Lot 1 DP 227191.

2 The site is irregular in shape with a street frontage of 6.745 m. Side boundaries are 30 m and 41 m and the rear boundary is 24.5 m. It has an area of 584.5 sq m and falls from west to east about 2.5 m. Development in the locality generally comprises a mix of single and double storey detached dwelling houses of varying architectural styles and sizes.