John Welsh trading as on behalf of Robert Charles Johnston v Sutherland Shire Council [2023] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: John Welsh trading as on behalf of Robert Charles Johnston v Sutherland Shire Council [2023] NSWLEC 1370 Hearing dates: 29 May 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Class 1 Before: Porter AC Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 (NSW) the function of the consent authority under cl 55 of the Environmental Planning and Assessment Regulation 2000, approves the application to amend development application 21/1070 filed with the Court on 29 May 2023 by including and substituting the amended plans and documents referred to in Annexure A. (2) The appeal is upheld. (3) Development application 21/1070 (as amended on 29 May 2023) for alterations and additions to an existing dwelling house and construction of a carport and entry bridge on Lot 21 in DP 529201, known as 173 Peninsular Road Gray Point, is determined by the grant of consent subject to conditions, in accordance with Annexure A. (4) The exhibits, other than Exhibits A, B and 2 are to be returned to the party that tendered them. Catchwords: DEVELOPMENT APPLICATION - Alterations and Additions to Existing Dwelling – Driveway – Easement – Right of Way – Contentions Resolved - Orders Legislation Cited: Conveyancing Act 1919, s 88K Environmental Planning and Assessment Act 1979, ss 4.15, 8.7,8.11, 8.14 Environmental Planning and Assessment Regulation 2000, cl 55 Government Information (Public Access) Act 2009 Land and Environment Court Act 1979, s 34AA, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.9, 2.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.10, 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015 cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17 Cases Cited: Williams v State Transit Authority of New South Wales [2004] 60 NSWLR 286 Texts Cited: Australian/New Zealand Standard AS/NZS 2890.1:2004 – Off-Street Car Parking (AS2890.1) Australian/New Zealand Standard AS/NZS 2890.2:2018 – Off-Street Commercial Vehicle Facilities (AS2890.2) Sutherland Shire Development Control Plan 2015 Sutherland Shire Environmental Specification 2009 Policy – Stormwater Management Category: Principal judgment Parties: John Welsh trading as on behalf of Robert Charles Johnston (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T To (Applicant) J Amy (Solicitor) (Respondent)