Sancorp Property Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Sancorp Property Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1184 Hearing dates: Conciliation Conference on 4 March 2022 Date of orders: 6 April 2022 Decision date: 06 April 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA-21/1052 for the demolition of the existing dwelling house, outbuildings and swimming pool, tree removal and construction of 1 and 2 storey multi-dwelling housing comprising 9 dwellings including 2 affordable housing dwellings, basement carparking for 14 cars, and landscaping is determined by the grant of consent, subject to the conditions in Annexure A. (3) The applicant shall pay to the respondent the sum of $7,000 pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 by 15 April 2022. Catchwords: DEVELOPMENT APPLICATION – residential multi-dwelling construction – 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, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Sancorp Property Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R McCulloch (Solicitor) (Respondent)