Barker v Sutherland Shire Council [2024] NSWLEC 1421

Land and Environment Court New South Wales

Medium Neutral Citation: Barker v Sutherland Shire Council [2024] NSWLEC 1421 Hearing dates: Conciliation conference on 17 July 2024 Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA23/0387 for the demolition of existing structures, tree removal, construction of a two-storey detached dwelling house with swimming pool and associated landscaping works at 30 Verona Range, Como, is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Coastal Management Act 2016, s 5 Environmental Planning and Assessment Regulation 2021, s 38 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 6.1, 6.2, 6.4, 6.5, 6.7, 6.9, 6.13A, 6.14, 6.16, 6.17. State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy 2004 (Building and Sustainability Index: BASIX) Texts Cited: Sutherland Shire Council Community Engagement Strategy 2022-2026 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Damien Barker (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Amy (Solicitor) (Respondent)