Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1249 Hearing dates: 27-28 April 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA/21/1188 for access stairs, stair landing deck, jetty, ramp, pontoon and stabilisation piles at 44 Rutherford Avenue, Burraneer is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All Exhibits are returned, except for Exhibit B. Catchwords: DEVELOPMENT APPLICATION – visual impact of development on waterfront – impact on heritage significance – ecological impact – whether essential matters deferred Legislation Cited: Crown Lands Management Act 2016 Environmental Planning and Assessment Act 1979, ss 1.4, 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 5.10, 6.1, 6.5, 6.7, 6.8, 6.9, 6.16, Sch 5 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Harbour Port East Coast Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Astill (Applicant) J Cole (Solicitor) (Respondent)