Architecture Becka & Associates v Sutherland Shire Council [2022] NSWLEC 1145

Land and Environment Court New South Wales

Medium Neutral Citation: Architecture Becka & Associates v Sutherland Shire Council [2022] NSWLEC 1145 Hearing dates: Conciliation conference on 16 February 2022, 2 March 2022 Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amended application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the amount of $7,500 within 28 days from the date of the orders. (2) The appeal is upheld. (3) Development Application No. 2021/0735 for the demolition of the existing building and structures and the construction of a part one storey and part two storey multi dwelling housing development comprising 7 x 3 bedroom dwellings with basement car parking and Strata Subdivision at Lot 801 in Deposited Plan 548227 otherwise known as 13 Rawson Parade Caringbah South is approved subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – multi-dwelling housing – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.16 Environment Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 8.15, 34 State Environmental Planning Policy No 55 – Remediation of Land cl 7 Sutherland Shire Local Environmental Plan 2015 cll 4.1E, 4.3, 4.4, 6.1, 6.14 Category: Principal judgment Parties: Architecture Becka & Associates (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)