Green v Sutherland Shire Council [2023] NSWLEC 1178

Land and Environment Court New South Wales

Medium Neutral Citation: Green v Sutherland Shire Council [2023] NSWLEC 1178 Hearing dates: Conciliation conference on 5 April 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant's written request, pursuant to clause 4.6 of the Sutherland Shire Local Environmental Plan 2015, seeking a variation to the development standard for Floor Space Ratio in clause 4.4 of the Sutherland Shire Local Environmental Plan 2015, is upheld. (2) The appeal is upheld. (3) Development Application No 22/1040, for the demolition of existing dwelling and construction of a new dwelling, swimming pool and associated landscaping, at 52 Glaisher Parade, Cronulla, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – new dwelling – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2001, s 37 Land and Environment Court Act 1979, s 34AA 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), s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 4.4, 4.6, 5.10, 6.1, 6.2, 6.4, 6.5, 6.7, 6.14, 6.16, 6.17 Category: Principal judgment Parties: Lital Green (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: I Lacy (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)