Chapman Planning Pty Limited v Sutherland Shire Council [2021] NSWLEC 1314

Land and Environment Court New South Wales

Medium Neutral Citation: Chapman Planning Pty Limited v Sutherland Shire Council [2021] NSWLEC 1314 Hearing dates: Conciliation conference on 22 April 2021, final agreement filed 23 April 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Leave is granted to the Applicant to rely upon amended plans set out in Annexure 'A'. (2) The appeal is upheld. (3) Consent is granted to Development Application DA/2020/0348 for the demolition of all structures on the land and the erection of multi dwelling housing consisting of 5 units, basement parking and strata subdivision at 25 Bindea Street, Jannali, subject to the conditions of consent set out at Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 6.2, 6.4 State Environmental Planning Policy No 55—Remediation of Land 1998, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 8 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: Chapman Planning Pty Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: S Berveling (Applicant) J Cole (Solicitor) (Respondent)