Stojanovski v Sutherland Shire Council [2022] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Stojanovski v Sutherland Shire Council [2022] NSWLEC 1195 Hearing dates: Conciliation Conference on 5 April 2022 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA 21/0828 for the demolition of the existing dwelling and associated structures and the construction of a 2-storey attached dual occupancy, landscaping and other associated works and Strata title subdivision into two lots at Lot 6, DP 5353, also known as 14 Marra Place, Sylvania is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dual occupancy dwelling construction – breach in FSR standard – cl 4.6 request for variation of standard - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s s34AA State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.4, 4.6 Cases Cited: Tenacity Consulting Pty Ltd v Warringah Council 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Christina Stojanovski (First Applicant) Lila Stojanovski (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R M O'Gorman- Hughes (First and Second Applicant) J M Amy (Solicitor) (Respondent)