Krivohlavy v Sutherland Shire Council [2023] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: Krivohlavy v Sutherland Shire Council [2023] NSWLEC 1373 Hearing dates: Conciliation conference 3 July 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA22/1003, seeking consent for alterations and additions to existing double storey heritage listed dwelling and ancillary items at Lot 83 in Deposited Plan 5989, known as 201 Prince Edward Park Road, Woronora NSW 2232, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – conciliation conference – amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 2.12, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.7, 5.10, 5.21, 6.4, 6.9, 6.16, 6.17 Texts Cited: Department of Urban Affairs and Planning, "Managing Land Contamination Planning guidelines SEPP 55- Remediation of Land", 1998 Category: Principal judgment Parties: Lynette Krivohlavy (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)