Sutherland Shire Council v Counsel [2012] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland Shire Council v Counsel [2012] NSWLEC 61 Hearing dates: 22/3/12 Decision date: 26 March 2012 Jurisdiction: Class 1 Before: Biscoe J Decision: Appeal allowed. Conditions of development consent varied to provide that new dwelling be behind foreshore building line. Catchwords: APPEAL:- from decision of a Commissioner on a question of law - Commissioner granted development consent for new dwelling subject to conditions - exception in local environmental plan to a prohibition on building forward of a foreshore building line - mandatory requirement of the exception that consent authority is satisfied that there is no reasonable alternative that would allow a new dwelling to be located behind the foreshore building line - Commissioner held exception established so that dwelling does not have to be wholly behind foreshore building line - construction and application of the exception requirement and relevant considerations. Legislation Cited: Land and Environment Court Act 1979 s 56A State Environmental Planning Policy No 1 - Development Standards Sutherland Shire Local Environmental Plan 2006 cll 17, 18 Cases Cited: Chappelow v Sutherland Shire Council [2010] NSWLEC 1294 Counsel v Sutherland Shire council [2011] NSWLEC 1306 Harbour Port Construction Pty Ltd v Sutherland Shire Council [2007] NSWLEC 696 Hooler v Sutherland Shire Council [2008] NSWLEC 189 Noun v Sutherland Shire Council [2011] NSWLEC 1243 O'Donnell v Sutherland Shire Council [2011] NSWLEC 1007 O'Donnell v Sutherland Shire Council [2011] NSWLEC 184 Stubbs v Sutherland Shire Council [2008] NSWLEC 1433 Category: Principal judgment Parties: Sutherland Shire Council (Appellant) Michael James Counsel (Respondent) Representation: COUNSEL: Mr T F Robertson SC (Appellant) Submitting appearance (Respondent) SOLICITORS: HWL Ebsworth (Appellant) Susan Hill & Associates (Respondent - submitting appearance) File Number(s): 11007 of 2011