Eskaroos v Sutherland Shire Council [2025] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Eskaroos v Sutherland Shire Council [2025] NSWLEC 1086 Hearing dates: Conciliation Conference 30 January 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA23/0568 for the construction of a jetty and sea stairs at 93-95 Kangaroo Point Road, Kangaroo Point is granted development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – jetty and sea stairs – conciliation conference – agreement between the parties – orders Legislation Cited: Crown Land Management Act 2016 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 23 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 5.7, 6.6, 6.7, 6.8, 6.9, 6.21 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.11, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 6.1, 6.4, 6.7, 6.9 Texts Cited: Sutherland Shire Council Community Engagement Strategy Category: Principal judgment Parties: Samuel Eskaroos (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R Coffey (Applicant) J Amy (Solicitor) (Respondent)