Morgan v Sutherland Shire Council [2019] NSWLEC 1522

Land and Environment Court New South Wales

Medium Neutral Citation: Morgan v Sutherland Shire Council [2019] NSWLEC 1522 Hearing dates: Conciliation conference on 25 October 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application to rely upon the amended plans and documents as set out in condition 1 of Annexure A and the amended clause 4.6 written request. (2) The Applicant's written request under clause 4.6 of the Sutherland Shire Local Environmental Plan 2015 (LEP) seeking a variation of the development control for height of buildings set out in clause 4.3(2B) of the LEP is upheld. (3) The appeal is upheld. (4) Development Application No DA18/0755 is determined by approving the subdivision of an existing allotment into two lots and construction of an attached dual occupancy development on Proposed Lot 2 with Torrens Title Subdivision of the new dual occupancy at Lot 18 of DP 23446, known as 6 Rossford Avenue, Jannali subject to conditions of consent as set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy and subdivision of land – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Jennifer Dianne Morgan (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)