Fraser v Sutherland Shire Council [2023] NSWLEC 1342

Land and Environment Court New South Wales

Medium Neutral Citation: Fraser v Sutherland Shire Council [2023] NSWLEC 1342 Hearing dates: Conciliation conference on 20 June 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 22/0951 for the relocation of the existing ramp and pontoon, removal of the existing concrete jetty, addition of a stub jetty and mooring pen, and alterations to existing seawall below the mean high watermark, at 6 Akira Place, Caringbah South (Lot 24 in DP 232669), is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – 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 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazard) 2021, s 4.6 Sutherland Local Environmental Plan 2015, cll 5.7, 6.7, 6.8, 6.9 Category: Principal judgment Parties: Troy Fraser (First Applicant) Vivienne Fraser (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)