The Trustee for Hunter Property Trust No 4 v Sutherland Shire Council [2026] NSWLEC 1721
Before: Young AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal by Sutherland Shire Council (the Council) of Development Application No. DA25/0472 (DA). The DA seeks consent for demolition of an existing dwelling and construction of a new dwelling, swimming pool and associated landscaping (No.
Catchwords
DEVELOPMENT APPLICATION — s 34AA conciliation conference –– agreement between the parties –– orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to Development Application No. DA25/0472 for the demolition of existing dwelling and construction of a new dwelling and inclinator and swimming pool and associated landscaping (No. 30), alterations and additions to existing dwelling and swimming pool and associated landscaping (No. 43), relocation of easement, boundary realignment subdivision on 30 Boomerang Avenue, Lilli Pilli NSW 2229 (legally known as Lot 51 DP 1021183) and 43 Gundawarra Street, Lilli Pilli NSW 2229 (legally known as Lot 4 of DP 12880), subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Sustainable Building) 2022, Ch 2 Sutherland Local Environmental Plan 2015 cll 2.3, 2.6, 2.7, 4.1, 4.1A, 4.3, 4.4, 4.6, 5.7, 5.21, 6.1, 6.2, 6.4, 6.5, 6.7, 6.8, 6.9, 6.13A, 6.14, 6.16, 6.17
Read the full judgment
Authoritative text on NSW Caselaw · ~31k words
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