Muscat J & V v Sutherland Shire Council [2004] NSWLEC 151

Land and Environment Court of New South Wales

CITATION : Muscat J & V v Sutherland Shire Council [2004] NSWLEC 151 APPLICANT Joe and Victoria Muscat PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10391 and 10392 of 2003 CORAM: Murrell C Development Application :- Adverse impacts on foreshore and adjoining properties s96 modification application KEY ISSUES: application for garage variations to floor space ratio and landscaped area

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 1 Sutherland Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 28/10/03 and 29/10/03 DATE OF JUDGMENT: 04/08/2004

APPLICANT Mr C. Harris, barrister instructed by Mr M Vaughan, solicitor of Johnson Vaughan

LEGAL REPRESENTATIVES: RESPONDENT Mr J. Cole, solicitor of Abbot Tout Solicitors

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10391 and 10392 of 2003 Murrell C 8 April 2004 Joe and Victoria Muscat Applicant

v Sutherland Shire Council Respondent Judgment

Introduction 1. This judgment is for two appeals in respect of the property known as 60A Woodlands Road, Taren Point. The first appeal, 10391 of 2003, is against council's refusal of a development application for the construction of a garage at the rear of the property where currently an open carport stands. The second appeal, 10392 of 2003, is against council's refusal of an application to modify a development consent issued by the council in 2001 under s 96 of the Environmental Planning and Assessment Act. The modification application is for an upstairs balcony to extend for almost the width and depth of the roof area below and for an extension to the concrete overhang with pillars under located beside the door on the ground floor balcony facing the foreshore.