Champion Homes Sales Pty Limited v Sutherland Shire Council [2007] NSWLEC 621

Land and Environment Court of New South Wales

CITATION : Champion Homes Sales Pty Limited v Sutherland Shire Council [2007] NSWLEC 621

APPLICANT Champion Homes Sales Pty Limited PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10563 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Consent Orders for a two storey attached dual occupancy dual development

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

DATES OF HEARING: 19/09/2007

EX TEMPORE JUDGMENT DATE : 19 September 2007

APPLICANT Mr G. Vardas, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms J. Amy, solicitor of Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

19 September 2007

10563 of 2007 Champion Homes Sales Pty Limited v Sutherland Shire Council

JUDGMENT 1 This appeal relates to Development Application No. 070073 which is for the demolition of an existing dwelling and the construction of a new two storey attached dual occupancy dual development at 13 Myrtle Street, Loftus.

2 The site comprises Lot 4 DP 27183 and is regular in shape with a width of 15.24 metres and a depth of 50.336 metres and a site area of 765.1 square metres.

3 The site is included in the zone No. 3 Environmental Housing (Bushland) under Sutherland Shire Local Environmental Plan 2006 ("the LEP"). In this zone dual occupancy development is included in category 3 being development allowed only with consent. It was originally thought that this development comprises a town house development which is prohibited and the application was simply refused on this basis. It is now submitted and I accept the submission that the categorisation of the development as dual occupancy within category 3 of the zone is the correct interpretation and as a consequence I have no concern that the development is other than permissible with development consent. 4 The report prepared by a council town planner Ms D. Pinfold considers in detail the applicable development standards contained in the LEP together with the various requirements of the Sutherland Shire Development Control Plan 2006 ("the DCP") and concludes that the proposed development achieves compliance with all of these requirements. I have also considered these requirements and the manner in which the proposed development responds to these and I accept her analysis.