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Class 1 — Merit appeal Sutherland Shire Council 03 July 2026

Floratos v Sutherland Shire Council [2026] NSWLEC 1407

Before: Espinosa C · NSW Land and Environment Court

SetbacksOvershadowing / SolarConciliation / AgreementDemolition

Summary

DEVELOPMENT APPEAL – modification application – residential development – minimal environmental impact – substantially the same development – conciliation conference – agreement between the parties – orders

Catchwords

DEVELOPMENT APPEAL – modification application – residential development – minimal environmental impact – substantially the same development – conciliation conference – agreement between the parties – orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Modification Application MA25/0108 (as amended) for a dwelling house at Lot 15, DP 12061, 43 Forest Road, Miranda is determined by way of approval. (3) Development Consent DA22/0570 is modified subject to the conditions of consent set out at Annexure A. (4) Development Consent DA22/0570 (as modified by the Court) is subject to the consolidated conditions of consent set out at Annexure B.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.55, 8.9 Land and Environment Court Act 1979 (NSW), ss 34AA, 34   Environmental Planning and Assessment Regulation 2021 (NSW), ss 99, 113 State Environmental Planning Policy (Sustainable Buildings) 2022 Sutherland Shire Local Environmental Plan 2015

Read the full judgment

Authoritative text on NSW Caselaw · ~7k words

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