Koczka v Sutherland Shire Council [2024] NSWLEC 1646

Land and Environment Court New South Wales

Medium Neutral Citation: Koczka v Sutherland Shire Council [2024] NSWLEC 1646 Hearing dates: Conciliation Conference 2 October 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld; and (2) Development consent is granted to Development Application No.23/0401 for the construction of a swimming pool, associated fencing and paving at Lot 25 in Deposited Plan 270889 (No. 28) Anderson Place, Menai, subject to the conditions of consent annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPEAL – residential development swimming pool – conciliation conference – 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 Regulations 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.11, 6.12, 6.13, 6.14, 6.60 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 6.4, 6.5, 6.7, 6.14 Texts Cited: Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Andrew Koczka (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Chrissochoides (Solicitor)(Applicant) J Amy (Solicitor) (Respondent)