Sidey v Sutherland Shire Council [2021] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Sidey v Sutherland Shire Council [2021] NSWLEC 1078 Hearing dates: Conciliation conference held on 22 January 2021 Date of orders: 19 February 2021 Decision date: 19 February 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended architectural plans and landscape plans set out in Condition 1 of the Conditions of Consent at Annexure A. (2) The applicant shall pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $10,000 within 28 days from the date of these Orders. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA19/0710 for the demolition of existing structures, the Torrens title subdivision of one lot into three lots, construction of dual occupancies on two of the resulting lots and strata subdivision of each dual occupancy on Lot 104 in Deposited Plan 235861, at 80-82 Fernleigh Road, Caringbah South, 2229, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Coastal Management) 2018 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Lachlan Douglas Sidey (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Amy (Solicitor) (Respondent)