NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McConnell v Sutherland Shire Council [2024] NSWLEC 1773 Hearing dates: Conciliation conference 30 October 2024 Date of orders: 04 December 2024 Decision date: 04 December 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to Development Application DA23/0828 for consent to re-use the existing timber jetty and ramp and the replacement of the existing jetty piles and construction of a pier supported pontoon with encased piles at 48 Bruce Ave, Caringbah South subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Sutherland Local Environmental Plan 2015, cll 5.7, 6.1, 6.4, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Darren McConnell (First Applicant) Michelle McConnell (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: G Christmas (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)
Solicitors: Apex Law (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2024/274886 Publication restriction: Nil
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