LSR Developments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 566

Land and Environment Court of New South Wales

CITATION : LSR Developments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 566 APPLICANT LSR Developments Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10698 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Community title subdivision comprising 9 lots LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 06-07/10/2004 EX TEMPORE 10/07/2004 JUDGMENT DATE :

APPLICANT Mr J B Robson, barrister SOLICITORS LEGAL REPRESENTATIVES: J Kekatos, Solicitors

RESPONDENT Mr R O'Gorman-Hughes, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 October 2004

10698 of 2004 LSR Developments Pty Ltd v Sutherland Shire Council

JUDGMENT

1 This appeal was lodged against council's refusal of a development application proposing 10 new residential lots and one community title lot - incorporating a new road and services, at Illawong. This proposal involves the resubdivision of 5 existing lots.

2 However, during the lead into the appeal hearing, further conferencing has been undertaken by the parties resulting in an amended proposal, with reduced density proposing 8 new residential lots and an expanded community lot for a new private road, services and increased area for a bushfire Asset Protection Zone (APZ).