Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1154 Hearing dates: Conciliation conference on 19 March 2021 Date of orders: 29 March 2021 Decision date: 29 March 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The applicant is granted leave to amend the Modification Application to rely upon the amended plans referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Modification Application MA20/0027 for a 5-storey residential flat building comprising 9 units and a strata subdivision at Lots 1 and 2 in DP 302432 known as Nos 45 - 47 Parramatta Street, Cronulla NSW is determined by the granting of consent subject to the conditions in Annexure A. Catchwords: APPEAL – modification application – residential flat building – design changes – conciliation conference – agreement reached – whether substantially the same Legislation Cited: Environment Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Duke Developments Australia 2 Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Paul Vergotis (Solicitor) (Applicant) Janelle Amy (Solicitor) (Respondent)

Solicitors: McCabe Curwood Pty Ltd (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2020/293993 Publication restriction: Nil