Chappelow v Sutherland Shire Council [2005] NSWLEC 56

Land and Environment Court of New South Wales

Chappelow v Sutherland Shire Council [2005] NSWLEC 56 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANTS G & J Chappelow PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11237 of 2004

CORAM: Moore C

KEY ISSUES: Development Application - Easements - Subdivision :-

BGP Properties Pty Ltd v Lake Macquarie City Council (2004) NSWLEC 399; CASES CITED: Tenacity Consulting v Warringah Council 2004 NSWLEC 140

DATES OF HEARING: 17 February 2005 EX TEMPORE JUDGMENT DATE : 02/17/2005

Mr C Leggat, barrister INSTRUCTED BY Macedone Willis LEGAL REPRESENTATIVES: RESPONDENT Mr C Mathieson, solicitor Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

17 February 2005

11237 of 2004 G & J Chappelow v Sutherland Shire Council

This decision was given as an extemporaneous decision at an on site hearing. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Sutherland Shire Council (the council) on 13 October 2004 of Development Application 2004/0948 being an application to realign the boundaries between Lot 1119 DP 752064 and Lot B DP 405367. As part of that process, the applicants seek consent to erect a new dwelling on the southern of the two new allotments (that is Lot 2) and alterations to the existing brick residence on Lot 1 in order to permit the creation of an effective access to the proposed dwelling on Lot 2. The whole of the site is presently known as 2 Bayview Road, Woolaware.