Geeves v Sutherland Shire Council [2023] NSWLEC 1702

Land and Environment Court New South Wales

Medium Neutral Citation: Geeves v Sutherland Shire Council [2023] NSWLEC 1702 Hearing dates: Conciliation conference 17 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA23/0228 for the construction of a swimming pool at 204 Princes Charles Parade Kurnell on land identified as Lot 51 in DP 7632 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new swimming pool in front setback of dwelling – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, 4.15, 4.16, 4.55, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Paula Michelle Geeves (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Boskovitz, solicitor (Applicant) J Amy, solicitor (Respondent)