Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2021] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2021] NSWLEC 1158 Hearing dates: Conciliation conference on 16 and 30 November 2020, 7 and 21 December 2020, 29 January 2021, and 23 February 2021, final agreement filed 25 March 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) The applicant is granted leave to amend the development application and rely upon the plans in the proceedings referred to at Condition 1 in Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 agreed in the amount of $15,000. (3) The appeal is upheld. (4) Development application DA-20/0154 seeking the demolition of existing structures and construction of a boarding house containing 35 boarding rooms and 1 manager's room over two levels of basement parking at premises known as 108 Flora Street, Sutherland is granted consent subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – boarding house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 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 No 55—Remediation of Land 1998 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: Arkibis Pty Ltd t/a Arkhaus (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)