Kerstin Thompson Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1735

Land and Environment Court New South Wales

Medium Neutral Citation: Kerstin Thompson Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1735 Hearing dates: Conciliation conference on 24 August 2021; 2, 13 & 29 September 2021; 27 October 2021; 18 November 2021; 25 November 2021 Date of orders: 24 December 2021 Decision date: 24 December 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA20/1117, as amended for the demolition of all existing structures, associated tree removal, construction of a three-storey dual occupancy with a roof top terrace, a swimming pool for each dwelling, two (2) basement levels, associated landscaping and civil works including the drainage works carried out by the applicant on behalf of Council upgrading the existing pipes system draining upstream stormwater from Mentone Avenue to The Esplanade, and lot consolidation at 9-10 The Esplanade, Cronulla (Lot 1 DP 952686 and Lot 1 DP 104946) is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy – integrated development – conciliation conference – agreement between the parties – orders Legislation Cited: Civil Procedure Act 2005, s 26 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 Marine Estate Management Act 2014 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sutherland Shire Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, 6.9, 6.14, 6.16, 6.17 Water Management Act 2000 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Kerstin Thompson Architects Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T Neal (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)