Gilkes v Sutherland Shire Council [2008] NSWLEC 1256

Land and Environment Court of New South Wales

CITATION : Gilkes v Sutherland Shire Council [2008] NSWLEC 1256

APPLICANT Andrew and Heather Gilkes PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10267 of 2008

CORAM: Hoffman C

KEY ISSUES: Development Application - Modification Application :- variation of consent, privacy, shadows, bulk

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

DATES OF HEARING: 24/06/2008

EX TEMPORE JUDGMENT DATE : 24 June 2008

APPLICANT Mr P. Clay, barrister LEGAL REPRESENTATIVES: RESPONDENT Ms J. Amy, solicitor of Sutherland Shire Council

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

24 June 2008

10267 of 2008 Andrew and Heather Gilkes v Sutherland Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is a Class 1 appeal between Andrew and Heather Gilkes and Sutherland Shire Council in regard to a condition of consent in DA03/1823 for No.s 22-24 North East Crescent, Lilli Pilli.

2 The subject property is a detached house on a large allotment having a 17 m frontage and varying depths between 35 and 55 m and a site area of 1132 sq metres. It slopes down from the street towards the rear and has on either side adjacent detached houses. There are a number of trees on the site and there are attractive panorama views over Port Hacking across the rear lawns. The proposal is to set aside a condition of consent for a small rear deck addition to an existing large deck on the subject property.