Azzi v Sutherland Shire Council [2018] NSWLEC 1655

Land and Environment Court New South Wales

Medium Neutral Citation: Azzi v Sutherland Shire Council [2018] NSWLEC 1655 Hearing dates: 11 – 12 October 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the development application and to rely on the amended plans referenced at Condition 1 at Annexure A. (2) The appeal is upheld. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Council's costs thrown away as a result of the amendment of the application, as agreed or assessed. (4) Development application DA16/1539, for demolition of existing structures and the construction of three townhouses and two in-ground swimming pools at 6 Holt Road Taren Point is approved subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 1, 3, 4, 5, 7, B, F and H, are returned. Catchwords: Multi dwelling housing, convenience of basement parking, streetscape, landscape, visual character compatibility, privacy Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Cases Cited: Groeneveld v Wollongong City Council [2009] NSWLEC 149 New Century Development Pty limited v Baulkham Hills Shire Council [2003] NSWLEC 154 S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Texts Cited: Sutherland Shire Development Control Plan 2015 Australian/New Zealand Standard AS/NZS 2890.1:2004 - Parking facilities Category: Principal judgment Parties: Rony Azzi (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: S Kondilios, Hall and Wilcox Lawyers (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2017/306970 Publication restriction: No