Bishop Hitchcock & Irwin Architects v Shoalhaven City Council [2004] NSWLEC 494

Land and Environment Court of New South Wales

CITATION : Bishop Hitchcock & Irwin Architects v Shoalhaven City Council [2004] NSWLEC 494 APPLICANT Bishop Hitchcock & Irwin Architects PARTIES : RESPONDENT Shoalhaven City Council FILE NUMBER(S) : 11383 of 2003 CORAM: Moore C Development Application :- Impact on views KEY ISSUES: Privacy Discharge of stormwater . LEGISLATION CITED: State Environmental Planning Policy 71 CASES CITED: Tenacity Consulting v Warringah [2004] NSWLEC 140 DATES OF HEARING: 1, 2, 3 and 21 June 2004 DATE OF JUDGMENT: 09/09/2004

APPLICANT Mr M Fraser, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr C Campbell, solicitor Morton & Harris

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

9 September 2004

03/11383 Bishop Hitchcock & Irwin Architects v Shoalhaven City Council

JUDGMENT 1 COMMISSIONER: This an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Shoalhaven City Council (the council) of Development Application 03/2635 to erect three two-storey townhouses in replacement of an old-style fibro beach house and garage on a block of land at 6 Holden Street, Vincentia (the site) being Lot 1 DP 794828.

2 The site is on the eastern side of Holden Street and is the third site to the south away from the foreshore reserve fronting Jervis Bay. One further residence, 8 Holden Street, lies to the south of the site with the southern boundary of this allotment running along the main east-west roadway linking Vincentia and the next settlement to the east.