Gann v Sutherland Shire Council [2008] NSWLEC 1228

Land and Environment Court of New South Wales

CITATION : Gann v Sutherland Shire Council [2008] NSWLEC 1228

Applicant: Peter James Gann and Tracy Dawn Keiser Gann PARTIES : Respondent: Sutherland Shire Council

FILE NUMBER(S) : 10763 of 2007

CORAM: Roseth SC

KEY ISSUES: Section 96 Application :-

DATES OF HEARING: 3 June 2008 and 4 June 2008

DATE OF JUDGMENT: 20 June 2008

Applicant: LEGAL REPRESENTATIVES: Mr T Robertson QC with Mr J Lazarus, barrister instructed by Mr G White, solicitor of Whites Lawyers Respondent: Mr S Berveling, barrister instructed by Ms J Amy, solicitor with Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

20 June 2008

10763 of 2007 Peter James Gann & Tracy Dawn Keiser Gann v Sutherland Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Sutherland Shire Council (the council) of an application under s96 of the Environmental Planning and Assessment Act 1979 (the EPA Act) to amend the consent issued by the council on 17 February 2005 for a dwelling on lot X DP 390110, known as 365 Woolooware Road, Burraneer. The amendments seek to legitimise unauthorised works.

The site 2 The site is a waterfront battle-axe allotment with a 3.6m wide handle off the western side of Woolooware Road. The site's area is 1,354m2, of which the access handle constitutes 496m2. The site contains the partially built house, some of which is built differently from the approval. 3 The locality, like most waterfront areas, is characterised by large sites and large buildings.