Taylor v Sutherland Shire Council [2023] NSWLEC 1334

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Sutherland Shire Council [2023] NSWLEC 1334 Hearing dates: Conciliation conference on 5 & 6 June 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicants' cl 4.6 submission written by K J Planning pursuant to cl 4.6 of Sutherland Shire Local Environment Plan 2015 (SSLEP 2015) to vary the floor space ratio development standard in cl 4.4 of SSLEP 2015 is upheld. (2) The Appeal is upheld. (3) Development Consent is granted to Development Application DA21/0998 for the demolition of the existing dwelling and structures and the construction of a new dwelling, swimming pool and associated landscaping at 3 Bogan Ave, Sylvania Waters, NSW subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – breach of Floor Space Ratio development standard – Clause 4.6 request to vary development standard – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.7, 6.14, 6.16, 6.17, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 Environmental Planning and Assessment Regulation 2021, s 37 Category: Principal judgment Parties: Suzanne Mary Taylor (First Applicant) Garry Allan Taylor (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) J Amy (Solicitor) (Respondent)