Boateng v Sutherland Shire Council [2020] NSWLEC 1280

Land and Environment Court New South Wales

Medium Neutral Citation: Boateng v Sutherland Shire Council [2020] NSWLEC 1280 Hearing dates: Conciliation conference on 19 June 2020 Date of orders: 29 June 2020 Decision date: 29 June 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) Leave is granted to the Applicants to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicants are to pay the costs of the Respondent that were thrown away as a result of amending the development application in the amount of $5,000, those costs being payable by 24 July 2020. (3) The appeal in respect of the property known as 25 and 27 Violet Street, Miranda is upheld. (4) Development Application DA17/0902 for the demolition of existing structures and construction of a multi dwelling housing development consisting of 5 townhouses with associated basement car parking, landscaping, and associated works at 25 and 27 Violet Street, Miranda is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – 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 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Kelly Boateng (First Applicant) Kelvin Boateng (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose (Solicitor) (Applicants) J Amy (Solicitor) (Respondent)