Dickson v Sutherland Shire Council [2020] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: Dickson v Sutherland Shire Council [2020] NSWLEC 1100 Hearing dates: Conciliation conference on 14 February 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted to the Applicants to rely upon the amended plans listed in Condition 1 at Annexure 'A' and the written request under clause 4.6 of the Sutherland Shire Local Environmental Plan 2015 entitled "Updated Clause 4.6 Variation" and dated January 2020 (cl 4.6 Request). (2) The Applicants' cl 4.6 Request seeking a variation of the development control for the height of buildings set out in clause 4.3 of the LEP is upheld. (3) The appeal is upheld. (4) Development Application DA18/1362 for the alterations and additions to the existing dwelling, demolition of the existing swimming pool and the construction of a new swimming pool at Lot 46 DP 14986, 399 Willarong Road, Caringbah South is approved in accordance with the amended plans listed in Condition 1 of Annexure 'A' and subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – 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 (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Gregory John Dickson (First Applicant) Sharon Harcourt Jones (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Dr S Berveling (Applicants) J Amy (Solicitor) (Respondent)