Hurley v Sutherland Shire Council [2016] NSWLEC 1630

Land and Environment Court New South Wales

Medium Neutral Citation: Hurley v Sutherland Shire Council [2016] NSWLEC 1630 Hearing dates: 7 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Class 1 Before: Dickson, C Decision: The orders of the Court are: 1) The appeal is upheld; 2) Consent is granted to Development Application No. DA/16/0273 for the demolition of an existing dwelling and the construction of a new two storey brick veneer dwelling at Lot 225, DP 17295, 6 Second Avenue Jannali, subject to conditions in Annexure A and the following additional operational conditions: Condition 1 (a) Design Changes Required – Street setback The following design changes must be implemented to minimise the streetscape and amenity impacts of the development: a. The dwelling must be repositioned on the site so that the street setback is: 4.70m minimum measured to the vertical blade feature at the front of the dwelling; 5.15m to the upper floor Bed 4/study; and 6.5m to the garage. b. In repositioning the dwelling on the site, the cut and fill within the building footprint and the remainder of the site shall remain substantially the same as detailed in the plans and the building height shall not exceed 8.5m. Condition 4. (ii) Screen planting of suitable hedging plants to a mature height of 2.5m are to be provided along the eastern side allotment boundary for the length of the family room. 3) The exhibits are returned with the exception of 1, 5, B, and the Class 1 Application dated 6 September 2016. Catchwords: DEVELOPMENT APPEAL: weight of draft policy/ development control plan – suitability of front setback – appropriateness of front porch and elevated ground floor level – is the developments contribution to the streetscape appropriate. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Anja Hurley (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Smith, J (Applicant)