MTT Development Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1408

Land and Environment Court New South Wales

Medium Neutral Citation: MTT Development Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1408 Hearing dates: Conciliation conference on 30 June 2021 Date of orders: 19 July 2021 Decision date: 19 July 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The applicant be granted leave to rely on the plans described in condition 1 of Annexure 'A'. (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) in the amount of $3,000 within 28 days from the date of these orders. (3) The appeal is upheld. (4) Development Application DA20/0766 for the demolition of existing structures, construction of a 5 storey residential flat building containing 5 units and underground parking for 11 vehicles at 99 Willarong Road, Caringbah is approved subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 and Sch 1 Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment Land and Environment Court Act 1979, s 34 Sutherland Local Environmental Plan 2015, cll 2.3, 4.1, 4.3, 4.4, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.14, 6.16, 6.17 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy 65 (Design Quality of Residential Flat Development) State Environmental Planning Policy (Building Sustainability Index BASIX) 2014 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Sutherland Development Control Plan 2015 Category: Principal judgment Parties: MTT Development Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)