Zreika v Sutherland Council [2012] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Zreika v Sutherland Council [2012] NSWLEC 1248 Hearing dates: 29 August 2012 Decision date: 31 August 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Subdivision, SEPP 1 objection Legislation Cited: Environmental Planning and Assessment Act 1979. Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment Land and Environment Court Act 1979 State Environmental Planning Policy No. 1 - Development Standards Sutherland Local Environmental Plan 2006 Threatened Species Conservation Act 1995 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: Sutherland Shire Development Control Plan 2006 Category: Principal judgment Parties: Mahmoud Zreika (Applicant)

Sutherland Shire Council (Respondent) Representation: Counsel Mr I Hemmings (Applicant) Solicitors Mr D Massey (Applicant)

Ms J Amy (Respondent) File Number(s): 10597 of 2012

Judgment 1Mr Zreika owns a waterfront allotment at No. 2 Woodlands Road, Taren Point and lodged Development Application 11/0846 with Sutherland Shire Council on 5 September 2011 proposing a two lot subdivision. The council refused development consent on 23 December 2011 and Mr Zreika is appealing that decision. 2The matter commenced as a conciliation conference under s 34AA of the Land and Environment Court Act 1979 however, as no agreement was reached, the conference was terminated and a hearing held forthwith as required by s 34AA(2)(b)(i). 3The contentions in the case are whether the objection to the development standard for lot width, lodged under the provisions of State Environmental Planning Policy No. 1 - Development Standards (SEPP1) is well founded and whether the lot sizes, in particular width, are suitable for future residential development in a manner consistent with the council's development standards and policies.