Hajek v Sutherland Shire Council [2021] NSWLEC 1538

Land and Environment Court New South Wales

Medium Neutral Citation: Hajek v Sutherland Shire Council [2021] NSWLEC 1538 Hearing dates: 3 September 2021 Date of orders: 17 September 2021 Decision date: 17 September 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The applicant is to pay the Council's costs thrown away in the amount of $2,000 in relation to the amendment of the application on 3 September 2021 pursuant to the provisions of s8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) The exhibits, other than exhibits A, 1 and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – rooftop terrace – building height – impact on views Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.7, 8.15 Sutherland Local Environmental Plan 2015, cll 2.3, 4,3, 6.16, 6.17 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Building Code of Australia Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Adam Hajek (First Applicant) Lisa Hajek (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) M Staunton (Respondent)