Whitfield v Sutherland Shire Council [2023] NSWLEC 1520

Land and Environment Court New South Wales

Medium Neutral Citation: Whitfield v Sutherland Shire Council [2023] NSWLEC 1520 Hearing dates: Conciliation Conference 14 July, 7 and 10 August 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA22/0063, as amended, for alterations and additions to an existing dwelling house and construction of two swimming pools at land identified as Lot 2 in Deposited Plan 1251699, known as 696A Port Hacking Road, Dolans Bay NSW 2229, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development - alterations and additions –construction of a swimming pool in the foreshore area – conciliation conference – agreement between the parties - orders Legislation Cited: Coastal Management Act 2016 Environmental Planning and Assessment Act 1979, ss 1.4, 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10,2.11, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.7, 6.9, 6.14 Cases Cited: Australian Unity Funds Management Ltd in its capacity as Responsible Entity of the Australian Unity Healthcare Property Trust v Boston Nepean Pty Ltd & Penrith City Council [2023] NSWLEC 49 Canterbury Bankstown Council v Dib [2022] NSWLEC 79 Strathfield Municipal Council v Poynting (2001) 116 LGERA 319 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Richard Whitfield (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: D Loether (Solicitor)(Applicant) J Amy (Solicitor)(Respondent)