Pedwood Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Pedwood Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1559 Hearing dates: Conciliation conference on 2 and 29 July, 13 and 20 August, and 3 and 7 September 2021 Date of orders: 27 September 2021 Decision date: 27 September 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Sutherland Shire Local Environment Plan 2015 to vary the development standard for height of buildings contained in clause 4.3 of the Sutherland Shire Local Environment Plan 2015 prepared by Planning Ingenuity dated 2 July 2021 is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent as agreed or assessed as a result of the Applicant being granted leave to rely upon the Amended Development Application. (3) The appeal is upheld. (4) Development Application No DA18/1120 for the demolition of existing 3 storey building and erection of a 6 storey mixed-use development including 2 levels of basement car parking, ground level commercial space and commercial car parking, 24 residential units over 5 levels and a roof terrace at 20-26 President Avenue, Caringbah is approved, subject to the conditions contained in the annexure marked "B". Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building – shop top housing – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy No 55— Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.6, 6.2, 6.4, 6.15, 6.16, 6.17 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Pedwood Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Amy (Solicitor) (Respondent)