Bundeena Nature Hub Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Bundeena Nature Hub Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1010 Hearing dates: Conciliation Conference held 19 December 2024 Date of orders: 14 January 2025 Decision date: 14 January 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No 23/0201 for the demolition of existing structures and construction of a primary dwelling and secondary dwelling at No 11 Neil Street, Bundeena NSW 2230 (Lot 14, Section B, Deposited Plan 18038), is determined by grant of consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.4, 5.10, 5.21, 6.1, 6.2, 6.5, 6.7, 6.8, 6.9, 6.14 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Australian Standard, AS 3959-2009 Construction of Buildings in Bushfire-prone Areas, 2009 NSW Rural Fire Service, Planning for Bush Fire Protection, 2019 Sutherland Shire Council, Community Engagement Strategy, 2022-2026 Category: Principal judgment Parties: Bundeena Nature Hub Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Koikas (Applicant) J Amy (Solicitor) (Respondent)