Becka v Sutherland Shire Council [2022] NSWLEC 1360

Land and Environment Court New South Wales

Medium Neutral Citation: Becka v Sutherland Shire Council [2022] NSWLEC 1360 Hearing dates: Conciliation conference on 29 June 2022 Date of orders: 13 July 2022 Decision date: 13 July 2022 Jurisdiction: Class 1 Before: Mc Ewen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application 22/0081, as amended, for the demolition of existing structures and construction of a dual occupancy with basement carparking and swimming pools on land legally described as Lot 13 in Deposited Plan 13952 known as 1 Grandview Parade, Caringbah South subject to the conditions set out in 'Annexure A'. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures, construction of attached dual occupancy, basement parking and swimming pools, CONCILIATION CONFERENCE – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning & Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA Local Land Services Act 2013, s 60O State Environmental Planning Policy (Biodiversity and Conservation) 2021, ch 2, cl 2.7 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 2.5, 4.3, 4.4, 6.1, 6.2, 6.4, 6.14; sch 1, cl 28 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Ammar Becka (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)