Zembis v Sutherland Shire Council [2023] NSWLEC 1364

Land and Environment Court New South Wales

Medium Neutral Citation: Zembis v Sutherland Shire Council [2023] NSWLEC 1364 Hearing dates: Conciliation conference on 8 June 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The applicant's written request prepared by Planning Ingenuity dated 28 May 2023, pursuant to clause 4.6 of the Sutherland Shire Local Environmental Plan 2015, to vary the building height development standard in clause 4.3(2) is upheld. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA22/0248 for alterations and additions to the existing dwelling, construction of a garage, swimming pool, landscaping and other associated works, at 421 Willarong Road Caringbah South, subject to the conditions in accordance with Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.2, 4.3, 4.4, 4.6, 5.6, 5.7,5.10, 5.21, 6.1, 6.2, 6.4, 6.5, 6.7, 6.14, 6.16, 6.17 Texts Cited: Sutherland Shire Council, Community Engagement Policy, 2019 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Peter John Zembis (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: N Hammond (Applicant) B Jackson (Respondent)