Homann v Sutherland Shire Council [2023] NSWLEC 1723

Land and Environment Court New South Wales

Medium Neutral Citation: Homann v Sutherland Shire Council [2023] NSWLEC 1723 Hearing dates: Conciliation conference on 10, 24 October, 3, 8 and 14 November 2023 Date of orders: 30 November 2023 Decision date: 30 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application 22/1054 for the construction of a fixed jetty with timber deck and sea steps at 23 Immarna Avenue, Lilli Pilli is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – jetty and sea steps – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6, Pt 2, ss 2.10, 2.11 Sutherland Shire Local Environmental Plan 2015, cll 6.1, 6.4, 6.5, 6.7, 6.8, 6.9, 6.14 Cases Cited: Rose Bay Afloat Pty Ltd (Formerly Known As Titanic Floating Restaurant Pty Ltd) v Woollahra Council & Anor. (2002) 126 LGERA 36; [2002] NSWLEC 208 Texts Cited: Sutherland Shire Council Community Engagement Strategy Category: Principal judgment Parties: Daniel Homann (First Applicant) Alexandra Homann (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)