McVeigh v Sutherland Shire Council [2025] NSWLEC 1006

Land and Environment Court New South Wales

Medium Neutral Citation: McVeigh v Sutherland Shire Council [2025] NSWLEC 1006 Hearing dates: Conciliation conference on 17 December 2024 Date of orders: 08 January 2025 Decision date: 08 January 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA24/0255 for the demolition of existing structures, tree removal, construction of an attached dual occupancy and two in-ground swimming pools, and strata subdivision at 119 Taren Road, Caringbah South NSW 2229 (legally known as Lot 4 DP 387885), is determined by grant of consent, subject to the conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION: attached dual occupancy development in C4 Environmental Living zone – conciliation conference – agreement between 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 Environment Plan 2015, cll 4.1B, 4.3, 4.4, 6.1, 6.2, 6.4, 6.8, 6.14, 6.16, 6.17, Sch 1 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Category: Principal judgment Parties: Andrew Benjamin McVeigh (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)