868 Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1556

Land and Environment Court New South Wales

Medium Neutral Citation: 868 Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1556 Hearing dates: Conciliation conference held on 9 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA20/1093 for the demolition of existing structures and construction of a two-storey dwelling and swimming pool at 17 Murray Island, Sylvania Waters, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cl 14(1) State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: 868 Architects Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Adams (Applicant) J Amy (Respondent)