Hall v Sutherland Shire Council [2021] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Hall v Sutherland Shire Council [2021] NSWLEC 1232 Hearing dates: Conciliation conference on 14 and 21 April 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant be granted leave to rely on the amended plans as set out in condition 1 of Annexure A. (2) The Appeal is upheld. (3) Development consent is granted to development application No DA19/0633 for the removal and replacement of existing waterway access, stairs and walkway at 27 Crammond Avenue, Bundeena, subject to the conditions of consent contained within Annexure A. (4) Each party pay their own costs of this appeal. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, ss 4.16, 8.17 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 5.10, 6.5, 6.7, 6.8, 6.9, 6.14 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: Philip Hall (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: W Soon (Applicant) J Amy (Solicitor) (Respondent)