Taylormade Pty Limited v Sutherland Shire Council [2020] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: Taylormade Pty Limited v Sutherland Shire Council [2020] NSWLEC 1297 Hearing dates: Conciliation conference on 28 April 2020, 26 May 2020 and 19 June 2020 Date of orders: 14 July 2020 Decision date: 14 July 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) Leave is granted to the Applicant 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, the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending the development application in the amount of $8,000.00. (3) The appeal in respect of the property known as 19 Urunga Parade, Miranda is upheld. (4) Development Application DA19/0107 for the demolition of existing structures and construction of a mixed use development comprising a boarding house with 34 rooms and a manager's room, ground floor commercial space and basement car parking, landscaping, and associated works at 19 Urunga Parade, Miranda is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – mixed use development - boarding house – 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: Taylormade Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Amy (Solicitor) (Respondent)