NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Nelson v Sutherland Shire Council [2024] NSWLEC 1441 Hearing dates: Conciliation conference on 4, 18 and 22 July 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted for Development Application DA23/0352 for the demolition of existing structures and construction of a dual occupancy with strata subdivision at 123 Nicholson Parade Cronulla in the terms set out in Annexure A. Catchwords: APPEAL – development application – dual occupancy and strata subdivision – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.5, 4.1B, 6.2, 6.4, 6.13A, 6.14, 6.16, 6.17, Sch 1 cl 28 Cases Cited: Stewart v Sutherland Shire Council [2022] NSWLEC 1595 Category: Principal judgment Parties: Adam Nelson (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Harker (Applicant) J Amy (Solicitor) (Council)
Solicitors: Wilshire Webb Staunton Beattie (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2023/462721 Publication restriction: No
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