Karavias v Sutherland Shire Council [2022] NSWLEC 1185

Land and Environment Court New South Wales

Medium Neutral Citation: Karavias v Sutherland Shire Council [2022] NSWLEC 1185 Hearing dates: Conciliation conference on 22 February 2022 Date of orders: 08 April 2022 Decision date: 08 April 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Class 1 application is upheld; (2) The revised cl 4.6 written request prepared by Logan Planning dated 8 March 2022 for a variation to the height of building development standard under cl 4.3 of the Sutherland Local Environmental Plan 2015 is upheld; (3) Development consent is granted to development application no. DA 2010206 for the erection of a dwelling house at Lot 131, DP 9230 (No.103) Holt Road, Taren Point subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders Legislation Cited: Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, ss 4.16, 8.3, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, cll 8, 9 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11, Sch 1, cll 11.6, 11.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cll 2.12, 2.13, 4.6 Sutherland Local Environmental Plan 2015, cll 4.3, 4.6, 5.21, 6.1, 6.2 Category: Principal judgment Parties: Alex Karavias (First Applicant) Maria Karavias (Second Applicant Sutherland Shire Council (Respondent) Representation: Counsel: S Berveling (Applicant) J Amy (Solicitor) (Respondent)