NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council (No 2) [2022] NSWLEC 1002 Hearing dates: 22 and 23 July 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) The Development Consent No. DA18/1391 is modified in the terms in Annexure A. (3) Development Consent No. DA18/1391 as modified by the Court is Annexure B. (4) Exhibits B, D, E, F, G, H and J to be returned to the parties. Catchwords: DEVELOPMENT APPEAL – residential flat building - modification application – multiple modifications – whether substantially the same – view impacts from the public domain – solar impacts on adjoining neighbouring property – reasons for the original consent – relevant merit assessment – orders Cases Cited: Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1733 Texts Cited: NSW Department of Planning, Apartment Design Guide, (July 2015) Category: Principal judgment Parties: Duke Developments Australia 4 Pty Ltd ACN 627238386 (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)
Solicitors: McCabe Curwood Lawyers (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 2020/358895 Publication restriction: No
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