Taylor v Sutherland Shire Council [2023] NSWLEC 1796

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Sutherland Shire Council [2023] NSWLEC 1796 Hearing dates: Conciliation conference on 15 December 2023 Date of orders: 28 December 2023 Decision date: 28 December 2023 Jurisdiction: Class 1 Before: Walsh C Decision: Proceedings 2023/174011 The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA23/0016 for alterations and additions to existing dwelling at Lot 10 in Deposited Plan 30821 known as No 9 Mypolonga Avenue, Gymea Bay subject to the conditions of consent at Annexure A. Proceedings 2023/174016 The Court orders: (1) Within 60 days, the Applicant shall provide to Sutherland Shire Council structural certification that the new openings to the external walls are structurally adequate. (2) Within 60 days from the receipt of the structural certification referred to in (1) above, Sutherland Shire Council shall issue a Building Information Certificate (BIC23/0004) for the following works only: (a) The steel poles of the deck structure at ground level; (b) Framework for the reconfiguration of internal walls; (c) Demolition of internal walls; (d) The ground level of the excavated area; and (e) Changes to openings in external walls. which are indicated on the plans prepared by Bowerman design dated November 2023 numbered 01/B, 02/B, 03/B, 04/B and 05/B (marked in red) for the property at 9 Mypolonga Ave, Gymea Bay. (3) The appeal is upheld. (4) Each party pay their own costs of this appeal. Catchwords: APPEAL – development application – prospective building works – building information certificate – regularising building works undertaken without consent – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 6.25, 8.25, 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, Ch 2, ss 2.10, 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015, cl 6.1, 6.2, 6.4, 6.5, 6.7, 6.8, 6.9 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: Joel Michael Taylor (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)