Csont v Sutherland Shire Council [2021] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: Csont v Sutherland Shire Council [2021] NSWLEC 1671 Hearing dates: 20 July, 22 October 2021 Date of orders: 4 November 2021 Decision date: 04 November 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld, (2) Modification Application MA20/0372 is approved and development consent DA/19/0194 is modified by the terrace at the upper level of the boathouse and amending the approved swimming pool, spa and pool enclosure as detailed in the terms set out in Annexure A, (3) As a consequence of order (2) above, development consent DA/19/0194 for the demolition of the existing residence, construction of a dwelling and swimming pool and alterations and additions to an existing boat house at 1 Taloombi Street Cronulla is now subject to the consolidated modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – amendments sought to pool, spa, pool enclosure and boathouse – development forward of the foreshore building line – whether the development is substantially the same development – visual impact – consistency with character of locality – view loss – impact on Gunnamatta Park – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cll 43, 121B Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 6.1, 6.9, 6.14, 6.16 Cases Cited: Arrage v Inner West Council [2019] NSW LEC 85 Goldin v Minister for Transport Administering the Ports Corporation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Hunters Hill Council v Fraser [2006] NSWLEC 744 Lido Estate Pty Ltd v Woollahra Municipal Council (1997) 99 LGERA 1 North Sydney Council v Michael Standley and Associates (1998) 43 NSWLR 468 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Texts Cited: Macquarie Dictionary, 8th Edition Sutherland Shire Council Development Control Plan 2015 Category: Principal judgment Parties: Leigh Csont (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Amy (Solicitor) (Respondent)