Thornbrook Properties Pty Limited v Sutherland SC [2006] NSWLEC 91

Land and Environment Court of New South Wales

CITATION : Thornbrook Properties Pty Limited v Sutherland SC [2006] NSWLEC 91

APPLICANT Thornbrook Properties Pty Limited PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10758 and 10759 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- Demolish existing dwellings and construction of 18 two-storey townhouses on one site and 21 two-storey townhouses on the other - density of development - landscaping - setbacks - parking and traffic safety issues - height - streetscape - open space and solar access.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Local Environmental Plan 2000 State Environmental Planning Policy No. 1 Sutherland Planning Scheme Ordinance 1971

DATES OF HEARING: 31/01/2006 and 01/02/2006

EX TEMPORE JUDGMENT DATE : 02/01/2006

APPLICANT Ms J. Ware, solicitor of Piper Alderman LEGAL REPRESENTATIVES: RESPONDENT Mr J. Reilly, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

1 February 2006

10758 of 2005 and Thornbrook Properties Pty Limited 10759 of 2005 v Sutherland Shire Council

JUDGMENT

1 This is two Cass 1 Appeals Nos. 10758 and 10759 of 2005 between Thornbrook Properties Pty Limited and Sutherland Shire Council in regard to a refusal of both developments, being for townhouses on adjoining sites fronting the Kingsway and Yathong Road, Caringbah.