Santoro v Sutherland Shire Council [2007] NSWLEC 333

Land and Environment Court of New South Wales

CITATION : Santoro v Sutherland Shire Council [2007] NSWLEC 333

APPLICANT Mario Santoro PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10875 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- Alterations and additions, heritage item, overdevelopment, views, subdivision of land, floor space ratio, landscaping

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Local Environmental Plan 2000 Sutherland Local Environmental Plan 2006 State Environmental Planning Police No. 1

CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75

DATES OF HEARING: 16/04/2007 and 17/04/2007

EX TEMPORE JUDGMENT DATE : 17 April 2007

APPLICANT Mr R. Creighton, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr J. Cole, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

17 April 2007

10875 of 2006 Mario Santoro v Sutherland Shire Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Sutherland Shire Council's refusal of a development application for the property known as 162 Kangaroo Point Road, Kangaroo Point. The subject site is on the north-eastern corner of Tara Street and Kangaroo Point Road and is some 724 square metres. The site has a frontage to Kangaroo Point Road of about 17.5 metres and a long boundary to Tara Street of some 41 metres.