Tier Architects Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1412

Land and Environment Court New South Wales

Medium Neutral Citation: Tier Architects Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1412 Hearing dates: Conciliation Conference on 25 August 2020. Date of orders: 7 September 2020 Decision date: 07 September 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in Annexure A. (2) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act, the applicant is to pay the respondent's s8.15(3) costs thrown away in the agreed amount of $10,000 within 21 days of the date of these orders. (3) The appeal is upheld. (4) Development application DA-16/0388 seeking consent for a staged Masterplan application and stage 1 consent which includes site planning, site works including cut and fill and engineering works with resultant site RLs building envelopes and building heights, gross floor area, road and infrastructure works, greenweb creation/restoration with public positive covenant and open space is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – concept development application – residential apartment development – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 19179 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sutherland Shire Local Environmental Plan 2015 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Tier Architects Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Cole (Solicitor) (Respondent)