Hardie v Sutherland Shire Council [2021] NSWLEC 1345

Land and Environment Court New South Wales

Medium Neutral Citation: Hardie v Sutherland Shire Council [2021] NSWLEC 1345 Hearing dates: Conciliation conference on 27 April, 11 May and 25 May 2021 Date of orders: 11 June 2021 Decision date: 11 June 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant be granted leave to rely on the amended plans set out in Condition 2 of Annexure A. (2) The appeal is upheld. (3) Development consent is granted to development application DA19/0739 for the construction of a new secondary dwelling on Lot 22 DP 239395 known as 142 Prince Edward Park Rd Woronora subject to the conditions of consent contained within in Annexure A. Catchwords: APPEAL – development application – secondary dwelling – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 and 8.10 Environmental Planning and Assessment Regulation 2000, cll 49 and 55 Land and Environment Court Act 1979, ss 34 and 34AA State Environmental Planning Policy No 55— Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Australian Standard AS3500.3:2003 – Plumbing and Drainage Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Mark Hardie (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)