Dominelli v Sutherland Shire Council [2023] NSWLEC 1055

Land and Environment Court New South Wales

Medium Neutral Citation: Dominelli v Sutherland Shire Council [2023] NSWLEC 1055 Hearing dates: Conciliation conference on 1 February 2023 Date of orders: 09 February 2023 Decision date: 09 February 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The cl 4.6 written request prepared by Urbanesque Planning dated 23 June 2022 for a variation to the height of building development standard under cl 4.3 of the Sutherland Shire Local Environmental Plan 2015 is upheld. (2) The appeal is upheld. (3) Development Application No. DA22/0708 in respect of 1A Yellambie Street, Yowie Bay for the demolition of existing structures, and construction of a new dwelling, boatshed and swimming pool is approved, subject to the conditions contained in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dwelling house – clause 4.6 request to vary the height standard – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 64 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.5, 6.7, 6.9, 6.16, 6.17 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Adam Dominelli (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Wauchope (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)