HBM Cronulla Pty Ltd v Sutherland Shire Council [2009] NSWLEC 1011

Land and Environment Court of New South Wales

CITATION : HBM Cronulla Pty Ltd v Sutherland Shire Council [2009] NSWLEC 1011

APPLICANT HBM Cronulla Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10874 of 2008

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- boarding house population density, neighbour amenity, car parking, internal amenity.

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

DATES OF HEARING: 11/12/2008 and 12/12/2008

DATE OF JUDGMENT: 15 January 2009

APPLICANT Mr M. Fraser, barrister Instructed by Dicksen Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Green, solicitor Of Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

15 January 2009

10874 of 2008 HBM Cronulla Pty Ltd v Sutherland Shire Council

JUDGMENT Introduction 1 This appeal relates to a development application for the demolition of an existing dwelling and the construction of a two-storey 15-bedroom boarding house at 75 Kurnell Road, Cronulla. Four off-street car parking spaces are to be provided Existing development generally surrounding the site comprises a variety of residential development forms including residential flat buildings, townhouses and detached dwellings. Adjoining the site are townhouses and detached dwellings. Planning controls 2 Under the Sutherland Shire Local Environmental Plan 2006 the site is located within Zone 5 - Multiple Dwelling A Zone and in this zone boarding houses are permissible with development consent. Clauses 33, 35 and 36 of the LEP contain various development standards including building height, floor space ratio and landscaped area and the proposal complies with these standards.