Hamilton v Sutherland Shire Council [2022] NSWLEC 1535

Land and Environment Court New South Wales

Medium Neutral Citation: Hamilton v Sutherland Shire Council [2022] NSWLEC 1535 Hearing dates: Conciliation conference on 27 September 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The revised cl 4.6 written request prepared by Steven Layman Consulting Pty Ltd for a variation to the lot width development standard under cl 4.1A of the Sutherland Shire Local Environmental Plan 2015 is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA19/0595 for the boundary adjustment between Lots 1150 & 1151 in DP1181245 and the Torrens Title Subdivision of Lot 1150 in DP1181245 to create a total of two (2) lots and associated works at No's. 176A & 198 Ellesmere Road, Gymea Bay subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, s 5 Environmental Planning and Assessment Act 1979, ss 1.3, 8.3, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Interpretation Act 1987, s 30A(2) Land and Environment Court Act 1979, s 34 Sutherland Shire Local Environmental Plan 2015, cll 4.1A, 4.6, 6.1, 6.2 State Environmental Planning Policy (Coastal Management) 2018, cll 15, 16 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.12, 2.13, 4.6 State Environmental Planning Policy No 55—Remediation of Land (repealed), cl 7 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Colin Stewart Hamilton (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) R O'Gorman-Hughes (Respondent)