NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Cole v Sutherland Shire Council [2008] NSWLEC 1356
APPLICANTS G & S Cole PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10156 of 2008
CORAM: Moore C
KEY ISSUES: Development Application - Development Standards - Subdivision :-
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Sutherland Local Environmental Plan 2006
Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 CASES CITED: Wehbe v Pittwater Council (2007) 156 LGERA 446 [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 115 LGERA 373
DATES OF HEARING: 26 May and 31 July 2008
DATE OF JUDGMENT: 29 August 2008
APPLICANT Mr A Pickles, barrister INSTRUCTED BY LEGAL REPRESENTATIVES: MCW Lawyers
RESPONDENT Ms J Amy, solicitor Sutherland Shire Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C
29 August 2008
08/10156 G & S Cole v Sutherland Shire Council
JUDGMENT 1 COMMISSIONER: 183 Peninsular Road, Grays Point has an area of 1701 sq m and a width of 11.58 m. From its road frontage, it initially falls steeply toward the north and then, more gradually, to an inlet of Port Hacking to which it has a water frontage. A modest house is erected at the road frontage and a boat shed and metal garden shed are located at and in the vicinity, respectively, of the water frontage. The lower portion of the allotment has a number of substantial turpentine trees.
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