Shelby Brothers Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1247
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
Catchwords
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development application DA25/0497, as amended, for the proposed demolition of existing structures on site and construction of an attached dual occupancy including pools, basements and strata subdivision at Lot 18 in Deposited Plan 11262, also known as 13 Waterview Avenue, Caringbah South, is determined by the grant of development consent subject to the conditions of consent contained at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11 Land and Environment Court Act 1979 (NSW), ss 17, 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 4.6 Sutherland Local Environmental Plan 2015, cll 2.5, 4.1B, 5.21, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17, Sch 1
Read the full judgment
Authoritative text on NSW Caselaw · ~19k words
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