NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Andrew Aitchison v Sutherland Shire Council [2017] NSWLEC 1304 Hearing dates: 24 & 25 November 2016 Date of orders: 06 June 2017 Decision date: 06 June 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:
(1) The appeal is dismissed. (2) Development consent for DA15/1594 is refused. (3) The exhibits are returned, with the exception of Exhibit 1. Catchwords: Development Application: subdivision of land from one to two lots; dual occupancy; front and internal setbacks; weight to Sutherland Shire draft DCP.2015. Legislation Cited: Sutherland Shire Local Environment Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd V Ashfield Council [2015] NSWLEC 1009 Frank and Susan Tomas v Ashfield Council [2016] NSWLEC 1183 Hurley v Sutherland Shire [2016] NSWLEC 1630 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] 129 LGERA 195 Texts Cited: Draft Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Andrew Aitchison (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel:
A. Pickles SC (Applicant) R. O'Gorman (Respondent)
Solicitors:
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