Johnston v Sutherland Shire Council [2022] NSWLEC 1713

Land and Environment Court New South Wales

Medium Neutral Citation: Johnston v Sutherland Shire Council [2022] NSWLEC 1713 Hearing dates: Conciliation conference held 13 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA 22/0445 and rely upon the amended plans and documents referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA 22/0445, as amended, for the construction of a detached carport for 2 cars for an existing dwelling on the land described as Lot 16 DP 12294 known as 31 Pacific Crescent, Maianbar, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – carport associated with existing dwelling – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10, 8.11 Environmental Planning and Assessment Regulation 2021, cll 23, 37 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 6.1, 6.2, 6.4, 6.5, 6.7, 6.8, 6.14, 6.16, 6.17 Category: Principal judgment Parties: Robert Johnston (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R Johnston (Self-represented) (Applicant) J Amy (Solicitor) (Respondent)