Hannon S G v Sutherland Shire Council [2008] NSWLEC 1248

Land and Environment Court of New South Wales

CITATION : Hannon S G v Sutherland Shire Council [2008] NSWLEC 1248

APPLICANT: Sean Gerald Hannon PARTIES : RESPONDENT: Sutherland Shire Council

FILE NUMBER(S) : 11185 of 2007

CORAM: Watts AC

KEY ISSUES: Section 97 Appeal :- Streetscape and building form, Prominence of carpark entrance, Height of proposal at rear, Landscaping and Pedestrian safety.

LEGISLATION CITED: Sutherland Local Environmental Plan 2000, (SLEP2000) Sutherland Local Environmental Plan 2006, (SSLEP2006)

CASES CITED: Winten Properties Group Limited v North Sydney Council (2001) 130 LGERA 79

DATES OF HEARING: 10/04/2008 and 18/06/2008

DATE OF JUDGMENT: 24 June 2008

APPLICANT: Mr P N Vergotis, solicitor SOLICITORS: Cutler Hughes & Harrris

LEGAL REPRESENTATIVES: RESPONDENT: Mr R O'Gorman-Hughes, barrister, instructed by Ms J Amy, solicitor SOLICITORS: Principal Environmental Lawyer, Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts AC

24 June 2008

11185 of 2007 Sean Gerald Hannon v Sutherland Shire Council

JUDGMENT 1 This involves an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Sutherland Shire Council (the council) to refuse a development application to demolish the existing dwelling/garage; to erect a mixed commercial/residential development comprising two shops, one shop/office and two residential dwelling units with basement car parking for nine cars, as amended, known as 'shop top housing' and to strata subdivide at Lot 3 DP 19697, being No 623 Port Hacking Road, Dolans Bay.