Lawrence v Sutherland Shire Council [2020] NSWLEC 1656

Land and Environment Court New South Wales

Medium Neutral Citation: Lawrence v Sutherland Shire Council [2020] NSWLEC 1656 Hearing dates: 24-25 November 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on amended plans, dated November 2020 in Exhibits J and K. (2) The appeal is upheld. (3) Development Application (DA) 19/0114 which as amended, seeks alterations and additions to an existing dwelling, a new carport and studio, associated engineering works and tree removal on Lot 13 DP 12294, also known as 25 Pacific Crescent, Maianbar is approved. (4) The exhibits are returned, except Exhibits 2, A, B, J and K. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing residential dwelling plus new carport and studio – excavation – consistency with character and streetscape – scenic quality – tree retention and protection – solar access Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 Sutherland Shire Local Environmental Plan 2015 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Peter F Lawrence (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)