Stubbs and anor v Sutherland Shire Council [2008] NSWLEC 1433

Land and Environment Court of New South Wales

CITATION : Stubbs and anor v Sutherland Shire Council [2008] NSWLEC 1433

APPLICANT Barry Norman Stubbs and Julie Gwenyth Kirby PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10462; 10463 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- construction of a dwelling - breach of foreshore building line - visual impact - weight to be given to existing dwelling and previous approval - bulk/scale/height - Building Certificate - unauthorised basement construction

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

DATES OF HEARING: 25,26/09/08

DATE OF JUDGMENT: 31 October 2008

APPLICANT Ms S Duggan, barrister SOLICITORS Solari Legal LEGAL REPRESENTATIVES: RESPONDENT Mr M Wright, barrister SOLICITORS Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

31 October 2008

10462, 10463 of 2008 Barry Norman Stubbs and Julie Gwenyth Kirby v Sutherland Shire Council

JUDGMENT 1 COMMISSIONER: The two appeals relate to the property at 167 Georges River Road, Oyster Bay (the site). Appeal No 10462 of 2008 is an appeal against the refusal by Sutherland Shire Council (the council) of DA 07/1354 for the construction of a dwelling.

2 Appeal No 10463 of 2008 is an appeal against the refusal by the council of Building Certificate application BC 07/0175 for the construction of a concrete floor slab, concrete roof and supporting walls. The parties agreed that the appeals should be heard concurrently. The site 3 The site has a frontage to the Georges River and Georges River Road. It is accessed via a right of carriageway that runs from Georges River Road and traverses the adjoining property at 169 Georges River Road. The site is generally rectangular in shape having a depth of 80.71 m on its eastern side, 85.05 m on its western side, a width of approximately 12.75 m including a northern boundary of the mean high water mark (MHWM) of the Georges River, giving a total site area of 1031 sq m. The site falls some 23 m from Georges River Road to the Georges River. Background 4 The site originally contained a dwelling house (the original dwelling) located between 2.2 m and 3.5 m from the MHWM. The original dwelling contained a basement identified as being used as a storeroom and two residential levels of accommodation.