Choker v Sutherland Shire Council [2024] NSWLEC 1465

Land and Environment Court New South Wales

Medium Neutral Citation: Choker v Sutherland Shire Council [2024] NSWLEC 1465 Hearing dates: Conciliation conference on 26 July 2024 Date of orders: 02 August 2024 Decision date: 02 August 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development application number DA23/0613, as amended, for the demolition of existing structures and construction of a dual occupancy with swimming pools and strata subdivision, for Lot 22 DP 203716, commonly known as 18 Binaville Ave Burraneer, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – dual occupancy – 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 Environmental Planning and Assessment Regulation 2021, s 38 Sutherland Shire Local Environmental Plan 2015, cll 2.5, 4.1B, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17, Sch 1 cl 28 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy 2004 (Building and Sustainability Index: BASIX) Texts Cited: Sutherland Shire Council Community Engagement Strategy 2022-2026 Category: Principal judgment Parties: Ramzay Choker (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: G Hugo (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)