Lloyd Building and Development Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1431
Before: Miller AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal by Sutherland Shire Council of Development Application No DA25/0744 for demolition of existing structures, construction of a dual occupancy development, tree removal and one swimming pool with strata subdivision on land known as 145 Nicholson Parade, Cronulla (Lot 5 DP 5761) (the Site). The Court was required to arrange a conciliation conference betwe
Catchwords
APPEAL – development application – dual occupancy and strata subdivision – conciliation conference – agreement reached – orders made
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA25/0744 for demolition of existing structures, construction of a dual occupancy development, tree removal and 1 swimming pool with strata subdivision on land known as 145 Nicholson Parade, Cronulla (Lot 5 in DP 5761) subject to the conditions contained in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34AA, 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 38, Sch 7 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 2.5, 2.6, 2.7, 4.1B, 4.3, 4.4, 6.1, 6.2, 6.4, 6.5, 6.14, 6.16, 6.17 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1, Sch 1
Read the full judgment
Authoritative text on NSW Caselaw · ~11k words
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