Parr v Sutherland S C [2004] NSWLEC 136

Land and Environment Court of New South Wales

CITATION : Parr v Sutherland S C [2004] NSWLEC 136 revised - 07/04/2004 APPLICANT K V Parr Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 11339 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- four units for the aged or disabled LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 State Environmental Planning Policy No.1 CASES CITED: DATES OF HEARING: 10, 11, 12/03/04 EX TEMPORE 03/12/2004 JUDGMENT DATE :

APPLICANT Mr S Kondilios, solicitor SOLICITORS LEGAL REPRESENTATIVES: Maddocks RESPONDENT Mr C Mathieson, solicitor

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11339 of 2003

Hoffman C

12 March 2004

K V Parr Pty Ltd Applicant

v

Sutherland Shire Council Respondent

Judgment

1 . This was a class 1 appeal, No. 11339 of 2003, between K V Parr Pty Limited and Sutherland Council in regard to the deemed refusal of a proposal for four units for the aged or disabled at No. 16 Percival Road, Caringbah South.

2 . The proposal was to demolish a house between two existing houses and erect the development with a two storey section containing two street front units and a joint entry lobby with the lower storey being a basement car park or a semi basement car park.

3 . Due to the slope of the land down from the street towards the east the basement came above ground level about half way along the length of the street front units and the two rear units were the continuation of the basement floor level in a single storey above ground level.