NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Wheeler v Sutherland Shire Council [2019] NSWLEC 1642 Hearing dates: Conciliation conference on 13 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA17/1390 for the construction of an in-ground swimming pool, paved area, stairs and garden and an extension to the verandah of the existing dwelling at 7 Neil Street, Bundeena subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – heritage rock platform - 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. 71 – Coastal Protection State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Shire Council Planning for Bushfire Protection 2009 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Brad John Wheeler (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Kliese (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)
Solicitors: Shaw Reynolds Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2019/137044 Publication restriction: No
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