Sjarif v Sutherland Shire Council [2022] NSWLEC 1380

Land and Environment Court New South Wales

Medium Neutral Citation: Sjarif v Sutherland Shire Council [2022] NSWLEC 1380 Hearing dates: Conciliation conference on 23 May 2022, 14 and 30 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders: (1) The Applicant is granted leave to amend Development Application No. DA20/1132 and rely upon the amended plans and documents referred to at Condition 1 to Annexure 'A'. (2) The applicant is to pay the respondent's section 8.15(3) costs as agreed or as assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA20/1132 for the demolition of existing structures and the construction of a shop top housing development containing 1 retail premises at ground floor, 17 units above and 2 levels of basement car parking, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – retail use – shop top housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Shire Local Environmental Plan 2010, cl 6.2, 6.4 Category: Principal judgment Parties: Ridwan Sjarif (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: V Conomos (Applicant) J Amy (Respondent)