CMT Architects P/L v Sutherland Shire Council [2014] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: CMT Architects P/L v Sutherland Shire Council [2014] NSWLEC 1160 Hearing dates: 7 August 2014 Decision date: 14 August 2014 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. By consent, the appeal is upheld. 2. Development Application No.13/0846 for the demolition of an existing dwelling and the erection of a new dwelling and swimming pool at Lot 24, DP 539621, 185 Woolooware Road, Burraneer is approved, subject to the conditions of consent in Annexure A. 3. Pursuant to cl 7 of State Environmental Planning Policy No. 1 - Development Standards (Policy), the written objections made by the applicant under cl 6 of the Policy with respect to compliance with the development standards under cll 33(4)(a), 33(4)(b)(i) and 36(3) of the Sutherland Shire Local Environmental Plan 2006 be upheld. 4. No order as to costs. 5. The exhibits, other than exhibits 3, 4, 5, A, B, C, D, E and F, are returned. Catchwords: DEVELOPMENT APPLICATION - consent orders; resident objectors; impact on views from adjoining properties; variation to the maximum height development standard; variation to the minimum landscaped area development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: CMT Architects Australia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Mr Paul Vergotis Solicitor (Applicant) Ms Janelle Amy Solicitor (Respondent) TressCox Lawyers (Applicant) Sutherland Shire Council (Respondent) File Number(s): 10222 of 2014