Young v Sutherland Shire Council [2023] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: Young v Sutherland Shire Council [2023] NSWLEC 1119 Hearing dates: Conciliation conference on 7 March 2023 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA 22/0625 for the alterations and additions to the existing dwelling house at 5 Lugano Avenue, Burraneer NSW 2230 subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2021, ss 61, 69 Home Building Act 1989 (NSW) 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 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17 Texts Cited: Standards Australia, Australian Standard AS 2601—2001: The Demolition of Structures (2001) Category: Principal judgment Parties: Troy Young (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)