Innovative Architects Pty Ltd v Sutherland Shire Council [2010] NSWLEC 1022

Land and Environment Court of New South Wales

CITATION : Innovative Architects Pty Ltd v Sutherland Shire Council [2010] NSWLEC 1022

APPLICANT Innovative Architects Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10302 of 2009

CORAM: Hussey C

KEY ISSUES: DEVELOPMENT APPLICATION :-

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Local Environmental Plan 2006 Sutherland Local Environmental Plan Amendment 4

DATES OF HEARING: 16, 17 September 2009, 10 November 2009

DATE OF JUDGMENT: 5 February 2010

APPLICANT Mr I Hemmings (barrister) SOLICITOR Charles R Xuereb & Co LEGAL REPRESENTATIVES:

RESPONDENT Mr J Cole (solicitor) SOLICITOR HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

5 February 2010

10302 of 2009 Innovative Architects Pty Ltd v Sutherland Shire Council.

JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the demolition of an existing residential flat building and the construction of a part 5-storey/part 6-storey residential flat building (RFB) containing 3 large units over basement parking for 9 vehicles. The site is located at 12 McDonald Street, Cronulla. 2 For the appeal a number of issues were identified by council, which are summarised as follows: Site area; non-compliance with the minimum site area and width requirements, which restricts economic orderly development with the adjoining site. Building design in terms of scale, setbacks and height Landscape area and design. Impacts on amenity, privacy, solar access and scenic quality. Parking. Public interest.