Ristevski v Sutherland Shire Council [2007] NSWLEC 441

Land and Environment Court of New South Wales

CITATION : Ristevski v Sutherland Shire Council [2007] NSWLEC 441

APPLICANT Pida and Elizabeth Ristevski PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10251 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- Attached Dual Occupancy, streetscape impact, drainage, privacy

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006

DATES OF HEARING: 12/07/07

EX TEMPORE JUDGMENT DATE : 12 July 2007

APPLICANT Mr P. Vergotis, solicitor of Cutler Hughes & Harris LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Markham, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

12 July 2007

10251 of 2007 Pida and Elizabeth Ristevski v Sutherland Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for demolition of an existing dwelling and construction of an attached dual occupancy at 232 Gymea Bay Road, Gymea Bay.

2 For the appeal number of issues were raised, which may be summarised as follows: o Adequacy of detailed information, o Drainage; as the land falls are away from the street, no downstream easements are proposed, o Landscaping, o Matters raised by objectors, including the facade design, streetscape impacts and overlooking opportunities.