Charles v Sutherland Shire Council [2021] NSWLEC 1123

Land and Environment Court New South Wales

Medium Neutral Citation: Charles v Sutherland Shire Council [2021] NSWLEC 1123 Hearing dates: Conciliation conference held on 22 January 2021 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely upon the amended plans listed in Condition 3A of the consolidated conditions of consent at Annexure A. (2) The appeal is upheld. (3) Modification Application No. MA20/0185 to modify development consent DA18/1388 (previously modified by MA20/0050) by amending conditions 2 and 3 to reinstate the tennis court, remove tree 1, delete the secondary dwelling and provide a guest bedroom, add a storage structure on the northern boundary, move the loggia towards the front boundary and move the western swimming pool towards the west, at 30-32 Matthew Flinders Place, Burraneer (Lot 14 DP 215768 and Lot 1 DP 225927) is approved, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION 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 Local Environmental Plan 2015 Texts Cited: Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Anthony William Charles (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)