Maher v Sutherland Shire Council [2018] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Maher v Sutherland Shire Council [2018] NSWLEC 1608 Hearing dates: Conciliation conference on 19 – 20 November 2018 Date of orders: 04 December 2018 Decision date: 04 December 2018 Jurisdiction: Class 1 Before: Walsh C Decision: See [20] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Sutherland Shire Local Environmental Plan 2015 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Moskovich v Waverley Council [2016] NSWLEC 1015 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Shannon Maher (First Applicant) Kim Lewise Maher (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Respondent)

Solicitors: C McFadzean, Swaab Attorneys (Applicants) Sutherland Shire Council (Respondent) File Number(s): 2018/00129649 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Sutherland Shire Council (Council) of development application DA17/1291 for alterations and additions to an existing dwelling and cabana, including a third storey addition (DA). The site is 3 Sanderson Street, Cronulla NSW 2230, also described as Lot 93 DP 19922 (site).