Magiros v Sutherland Shire Council [2012] NSWLEC 1286

Land and Environment Court New South Wales

Medium Neutral Citation: Magiros v Sutherland Shire Council [2012] NSWLEC 1286 Hearing dates: 15 October 2012 Decision date: 16 October 2012 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: CONSENT ORDERS: Dwelling house, SEPP1 objection to development standards for height, landscape area and floor space ratio Legislation Cited: Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment State Environmental Planning Policy No. 1 Development Standards; Sutherland Shire Local Environmental Plan 2006; Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council [2007] NSWLEC 827; Winten Property Group v North Sydney Council [2001] NSWLEC 46; Texts Cited: Sutherland Shire Development Control Plan 2006 Category: Principal judgment Parties: Anthony Magiros (Applicant)

Sutherland Shire Council (Respondent) Representation: Counsel Mr A Galasso SC (Applicant) Solicitors Ms M Mallos Maddocks Lawyers (Applicant)

Ms J Amy Sutherland Shire Council (Respondent) File Number(s): 10679 of 2012

Judgment 1Mr Magiros lodged Development Application No. 12/0151 with Sutherland Shire Council on 8 March 2012 seeking consent to demolish an existing dwelling house and garage and erect a new dwelling house and garage to be connected to an existing two storey ancillary 'recreation building' located at a lower level to the proposed new dwelling house. 2The council refused consent and Magiros is appealing that decision. 3The matter was mediated by another Commissioner of the Court and as a result of that process, the applicant has prepared amended plans that resolve the council's contentions. Leave has been granted to the applicant to rely on those amended plans. 4The parties are seeking consent orders from the Court.