Nelson v Sutherland Shire Council [2023] NSWLEC 1515

Land and Environment Court New South Wales

Medium Neutral Citation: Nelson v Sutherland Shire Council [2023] NSWLEC 1515 Hearing dates: Conciliation conference held on 6 - 7 September 2023 Date of orders: 12 September 2023 Decision date: 12 September 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA22/0443, as amended, seeking demolition of existing structures and construction of attached dual occupancy dwellings with Torrens title subdivision, landscaping and associated engineering works on Lot 13 Deposited Plan 14812, also known as 37 Engadine Avenue, Engadine is determined by the grant of consent, and subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – construction of a new attached dwellings – appropriate stormwater management – conciliation conference 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 2021, ss 23, 37 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 6.4 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Ella May Nelson (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)