Stoukalo v Sutherland Shire Council [2023] NSWLEC 1558

Land and Environment Court New South Wales

Medium Neutral Citation: Stoukalo v Sutherland Shire Council [2023] NSWLEC 1558 Hearing dates: Conciliation conference on 30 August and 5 September 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA22/0376 for construction of a rainwater tank under the driveway, a deck in the rear yard with storage underneath at 109 Auburn Street, Sutherland, being the whole of the land in Lot 1 Deposited Plan 571603, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 38, Sch 7 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Local Environmental Plan 2015, cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.4, 6.14, 6.17 Texts Cited: Sutherland Development Control Plan 2015 Category: Principal judgment Parties: E Stoukalo (also known as John Stoukalo) (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: E Stoukalo (Self-represented) (Applicant) J Amy (Solicitor) (Respondent)