McDermott Chiropractic Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: McDermott Chiropractic Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1243 Hearing dates: Conciliation conference on 29 April 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court Orders: (1) Leave is granted to the Applicant to rely upon the amended plans as referred to in condition 1 of Annexure 'A' hereto. (2) The Applicant is to pay the respondent's costs thrown away for the purpose of s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $4,000. (3) The appeal is upheld. (4) Development Application no. DA17/0218, for the demolition of existing structures and construction of a multi dwelling housing development consisting of six (6) townhouses, parking for each dwelling and visitor parking and associated landscape works, is approved subject to the conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: McDermott Chiropractic Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)