Charalambous v Sutherland Shire Council [2022] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: Charalambous v Sutherland Shire Council [2022] NSWLEC 1251 Hearing dates: Conciliation conference on 5 May 2022 Date of orders: 13 May 2022 Decision date: 13 May 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld; (2) Development consent is granted to development application no. DA 21/0801 for the demolition of existing building and structures, excavation and construction of basement parking and construction of a 5-storey mixed use building comprising 2x commercial suites at ground level and 11 x apartments comprising 4 x 1 bedroom apartments and 7 x 2 bedroom apartments at Lot19 DP 655323, known as 62 Croydon Road, Cronulla, subject to the conditions set out in Annexure 'A'. Catchwords: APPEAL – development application – mixed use development – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 6.1, 6.2 Category: Principal judgment Parties: Costa Charalambous (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: S Berveling (Applicant) J Amy (Respondent)