Parseh Cronulla Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Parseh Cronulla Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1248 Hearing dates: Conciliation conference on 13 and 27 April 2021 Date of orders: 14 May 2021 Decision date: 14 May 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the amended conditions at annexure "A". (2) The appeal is upheld. (3) Modification Application MA20/0237 for alterations and additions to the approved residential flat building at 3-5 Parramatta Street, Cronulla is approved. (4) Development consent DA18/0504 is modified in accordance with modification application MA20/0237 and is subject to the amended conditions at annexure "A". Catchwords: DEVELOPMENT APPEAL – modification of consent – substantially the same – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.9 Land and Environment Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development State Environmental Planning Policy No. 55 – Remediation of Land Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, 6.14, 6.16, and 6.17 Environmental Planning and Assessment Regulation 2000, ss 115(3), 115(6) Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Australian Design Guide, NSW Department of Planning and Environment, July 2015 Sutherland Shire Council Environmental Specification – Waste Collection for New Multi-Dwelling Housing and Residential Flat Buildings Sutherland Shire Development Control Plan 2015 Sutherland Shire Section 94 Development Contribution Plan 2016 Category: Principal judgment Parties: Parseh Cronulla Pty Ltd (First Applicant) Parallel Pty Ltd (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Reid (Applicants) M Staunton (Respondent)