NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hooler & Anor v Sutherland Shire Council [2008] NSWLEC 189
APPLICANTS: Geoff Hooler & Denise Howell PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10678 of 2007; 11193 of 2007; 11013 of 2007
CORAM: Lloyd J
Development Consent :- consent subject to condition requiring demolition of original dwelling - condition accepted by erection of new dwelling - breach - dual occupancy - foreshore building line - relevance of policy objectives to ensure restoration of land below foreshore building line to a natural state KEY ISSUES: Building Certificate: - alterations and additions to original dwelling - effect of condition requiring demolition - existence of original dwelling is unlawful
Environmental Planning and Assessment Act 1979 ss 80A, 96, 97, 149F LEGISLATION CITED: State Environmental Planning Policy No. 1 - Development Standards Sutherland Shire Local Environmental Plan 1993 cl 14A Sutherland Shire Local Environmental Plan 2006 cll 14A, 17, 18, 35, 36
DATES OF HEARING: 5 May 2008; 6 May 2007 & 7 May 2008
DATE OF JUDGMENT: 12 June 2008
APPLICANTS: M G Craig QC and A M Pickles (barrister) SOLICITORS P H Legal LEGAL REPRESENTATIVES:
RESPONDENT: T F Robertson SC SOLICITORS Home Wilkinson Lowry
JUDGMENT: - 11 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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