Stewart v Sutherland Shire Council [2022] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Stewart v Sutherland Shire Council [2022] NSWLEC 1595 Hearing dates: 5 September 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Class 1 Before: AC Harding Decision: The Court orders that: (1) The Applicants written request, pursuant to cl 4.6 of the Sutherland Shire Local Environmental Plan 2015, seeking a variation to the Development Standard for site area for a Dual Occupancy development, is upheld. (2) The Appeal is upheld. (3) The Development Application No.20/0763 seeking Development Consent for the demolition of the existing dwelling and associated structures and then the construction of a two-storey attached dual occupancy development to be undertaken at 23 Woodlands Road, Taren Point, legally described as Lot 1 in DP 511429, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". (4) The exhibits are to be returned except for Exhibits A, D and 1. Catchwords: APPEAL – Development Application – Attached Dual Occupancy - Prohibition or Development Standard Legislation Cited: Environmental Planning and Assessment Act, 1979, cll 1.4, 4.15, 8.7 Land and Environment Court Act 1979, s 34AA. State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Transport and Infrastructure SEPP) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Sutherland Shire Local Environmental Plan 2015, cll 4.1E, 4.6, 6.1, 6.2, 6.4, 6.16, 6.17, Sch 1 cl 28 Cases Cited: Agostino v Penrith City Council [2010] NSWCA 20; (2010) 172 LGERA 380. North Sydney Municipal Council v Mayoh (no.2) (1990) 71 LGRA 222. Strathfield Municipal Council v Poynting (2001) 116 LGERA 319. Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827. Woollahra Municipal Council v Carr (1985) 62 LGRA 263. Category: Principal judgment Parties: Andrew Stewart (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Stewart (Solicitor)(Applicant) J Amy (Solicitor)(Respondent)