Tleis v Sutherland Shire Council [2024] NSWLEC 1340

Land and Environment Court New South Wales

Medium Neutral Citation: Tleis v Sutherland Shire Council [2024] NSWLEC 1340 Hearing dates: Conciliation Conference 11 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) The development control order issued by Sutherland Shire Council on 6 December 2023 (Ref RN2023-026412 NOT 15076) relating to works at 12 Dodson Avenue Cronulla, which is attached at Annexure A (the Order), is modified pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979 as follows: (i) Under the heading "To Do What", the Order is amended as follows: 1. Comply with development consent DA21/0078 specifically in relation to the landscape plan, except for the planter boxes adjacent to the western edge of the driveway which can remain and the footpath constructed from the driveway to the side passage of the dwelling, as shown on the amended landscape plans L01 and L02 drawing no 21-4439 dated 6 May 2024 prepared by Zenith Landscape Designs, which is attached at Annexure B. 2. Figure 1 is deleted. (ii) Under the heading "Period for Compliance", the Order is amended as follows: By 30 June 2024, or whenever the premises is listed for sale, whichever is earlier. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Yousef Tleis (First Applicant) Kassim Alaouie (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicants) J Amy (Solicitor) (Respondent)