Iloski v Sutherland Shire Council [2011] NSWLEC 1139

Land and Environment Court New South Wales

Medium Neutral Citation: Iloski v Sutherland Shire Council [2011] NSWLEC 1139 Hearing dates: 13,14 April 2011 Decision date: 01 June 2011 Jurisdiction: Class 1 Before: Brown C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION - alterations and additions to existing dwelling - whether SEPP 1 objections well founded for breaches of gross floor area, building height and landscaped area development standards - impact on the heritage significance of the heritage item on the adjoining property Legislation Cited: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2006 State Environmental Planning Policy No 1 Cases Cited: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: APPLICANT Natayle Iloski

RESPONDENT Sutherland Shire Council Representation: Counsel: APPLICANT Mr A Galasso SC

RESPONDENT Mr M Wright, Barrister Solicitors: APPLICANT Maddocks Lawyers

RESPONDENT Sutherland Shire Council File Number(s): 10956 of 2010

Judgment 1COMMISSIONER: This is an appeal against the refusal by Sutherland Shire Council (the council) of Development Application No 10/0608 for alterations and additions to an existing dwelling at 6-8 Kangaroo Point Road, Kangaroo Point (the site). The alterations and additions provide for an additional level to accommodate three additional bedrooms and associated facilities and occupy most of the length and width of the existing dwelling house footprint. 2The contentions raised by the council relate to * view loss * unacceptable impact on the heritage significance of the adjoining heritage listed dwelling at 10-12 Kangaroo Point Road, and * breaches of the building height and gross floor area development standards 3The council did not press contentions relating to the impact on the heritage significance of identified heritage boatshed and walls on the site and overshadowing of the courtyard area of10-12 Kangaroo Point Road. The council also did not press the breach of the landscaped area development standard.