Adams v Sutherland Shire Council [2007] NSWLEC 51

Land and Environment Court of New South Wales

CITATION : Adams v Sutherland Shire Council [2007] NSWLEC 51

APPLICANT Leo Adams PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10943 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Dwelling construction, impact on views.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006

CASES CITED: Tenacity Consulting v Waringah [2004] NSWLEC 140

DATES OF HEARING: 29/01/2007

EX TEMPORE JUDGMENT DATE : 29 January 2007

APPLICANT Mr S. Kondikios, solicitor and Ms P. Adraskelas, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Reilly, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

29 January 2007

10943 of 2006 Leo Adams v Sutherland Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal was lodged against Council's refusal of a development application for the construction of a new 2-storey dwelling on a vacant allotment at No. 10 Bonnie Doon Place, Burraneer.

2 A number of issues were initially identified, but subsequent conferencing between the parties resulted in amended plans for the proposal. Consequently the only outstanding issue concerns the degree of impact on views from neighbouring properties, otherwise the amended proposal complies with all of the relevant development controls. Details of the site, the proposal, the planning controls are contained in the Statement of Basic Facts on which I rely. Planning Controls 3 In summary however, the site is zoned 2(e) residential and it is within a Scenic Foreshore Protection Area under Sutherland Shire Local Environmental Plan 2000 (SSLEP 2000) and the proposal is permissible with consent. I note that SSLEP 2006 was recently gazetted, however it contains a savings clause to the effect that SSLEP 2000 is the prevailing control in this case and LEP 2006 is to be considered as if it was exhibited as a draft document. The evidence 4 The detailed planning evidence was presented by Mr D Crane, a consulting planner and Ms D Pinfold, Council's Town Planner. These experts conferred and prepared a joint report, Exhibit 3, together with a further report design showing alternative building envelopes, which is Exhibit E and Mr Phillips contributed to this.