Burgess v Sutherland Shire Council [2021] NSWLEC 1281

Land and Environment Court New South Wales

Medium Neutral Citation: Burgess v Sutherland Shire Council [2021] NSWLEC 1281 Hearing dates: Conciliation conference on 8, 20 and 29 April 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to rely on an amended development application incorporating the following: (a) Architectural Plans prepared by Cad Draft Pty Ltd, revisions A, dated 19 April 2021 and drawing Nos A000, A101 to A116. (b) Plan of Management prepared by Julie Bates dated April 2021. (c) Written request prepared pursuant to cl 4.6 of Sutherland Shire Local Environmental Plan 2015 prepared by ABC Planning Pty Ltd and dated April 2021. (d) Building Code of Australia Report prepared by National BCA and dated 12 April 2021. (e) Access Report prepared by Accessibility Solutions (NSW) Pty Ltd and dated 19 April 2021. (f) Planning Statement prepared by ABC Planning Pty Ltd and dated 16 April 2021. (g) Parking surveys dated 13 April 2021 undertaken between 5am and 6am. (h) Waste Management Plan prepared by Cad Draft Pty Ltd. Annexure "A" is a copy of the amended plans and reports. (2) The written request under clause 4.6 of the Sutherland Shire Local Environmental Plan 2015 in relation to clause 6.15 Landscaped Area is upheld. (3) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (4) The Appeal is upheld. (5) Development application DA20/0632 for alterations and additions to an approved sex services premises and extended hours of operation at 18 Box Road Caringbah is approved, subject to the conditions in Annexure "B". Catchwords: DEVELOPMENT APPLICATION – sex services premises – cl 4.6 variation to landscaped area – 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 No 55—Remediation of Land Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Ashlee Anne Burgess (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)