JAK Merlin Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: JAK Merlin Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1488 Hearing dates: Conciliation conference on 24, 31 July, 28 August and 18 September 2020, final agreement filed 18 September 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended architectural, landscape and stormwater plans set out in Condition 2 of 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 are thrown away as a result of amending the development application in the amount of $10,000, to be paid within 28 days of orders being made. (3) The Applicant's written request under clause 4.6 of the Sutherland Shire Local Environmental Plan 2015, prepared by ABC Planning Pty Ltd, dated September 2020, regarding the height of buildings development standard under clause 4.3 of the Sutherland Shire Local Environmental Plan 2015, is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA19/0730 for the demolition of existing structures and construction of a five-storey boarding house containing 62 boarding rooms and underground parking for 32 vehicles on Lots 1 and 2 in Deposited Plan 512693, known as 465 – 467 President Avenue, Kirrawee, subject to the conditions of consent in 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 (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land Sutherland Shire Local Environmental Plan 2015 Texts Cited: 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: JAK Merlin Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Amy (Solicitor) (Respondent)