Mintilakis v Sutherland Shire Council [2024] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Mintilakis v Sutherland Shire Council [2024] NSWLEC 1358 Hearing dates: Conciliation conference on 13 June 2024 Date of orders: 27 June 2024 Decision date: 27 June 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA22/0759, as amended, for the alterations and additions to the existing dwelling, comprising a new upper floor and other associated works at 409 Willarong Road, Caringbah South, is determined by the grant of development consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – new dwelling – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2001, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), ss 2.10, 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 6.1, 6.2, 6.4, 6.5, 6.9, 6.14, 6.16, 6.17. Cases Cited: Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Michael Mintilakis (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)