Chan v Sutherland Shire Council [2026] NSWLEC 1329
Before: Washington C · NSW Land and Environment Court
Summary
This appeal has been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). A conciliation conference and hearing were arranged by the Court pursuant to s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act), which was held on 28 and 29 May 2026. At the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings, which involved the Court upholding the appeal and granting developme
Catchwords
DEVELOPMENT APPLICATION – construction of waterfront access stairs and waterfront structures – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application DA25/0411 for the construction of waterfront structures including landing platform, ramp and pontoon with associated waterfront access stairs at Lot B in Deposited Plan 368779, also known as also known as 1 Madeira Street, Sylvania,is determined by the grant of consent subject to conditions contained in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), s 4.16, 4.46, 8.7 Land and Environment Court Act 1979 (NSW), s 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 4.6 Sutherland Shire Local Environmental Plan 2015, cll 6.1, 6.2, 6.4, 6.5. 6.7, 6.8, 6.9
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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