Albert Developments 3 Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1532

Land and Environment Court New South Wales

Medium Neutral Citation: Albert Developments 3 Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1532 Hearing dates: 31 August 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the Applicant's written request prepared pursuant to cl 4.6 of Sutherland Local Environmental Plan 2015, and seeking to vary the height of buildings development standard in cl 4.3 of Sutherland Shire Local Environmental Plan 2015, is upheld; (2) the Appeal is upheld; (3) Development Application No DA21/0357 for demolition of existing structures and construction of a multi dwelling development comprising 10 townhouses (including 2 affordable townhouses) and basement car parking for 20 vehicles at 261-263 Port Hacking Road Miranda is determined the granting of consent, subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – 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, cl 55 Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment, cl 8 Interpretation Act 1987, ss 5 and 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 13, 15, 16A, 17 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, cl 12 State Environmental Planning Policy (Infrastructure) 2007, cl 101 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 1.4 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.6, 5.21, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy (April 2021) NSW Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 NSW Department of Planning, Industry and Environment, Low Rise Housing Diversity Design Guide, 2020 Sutherland Development Control Plan 2015 Sutherland Shire Council, Sutherland Community Engagement Policy, 2019 Category: Principal judgment Parties: Albert Developments 3 Pty Ltd (Applicant) Sutherland Shire (Respondent) Representation: Counsel: M Mantei (Solicitor)(Applicant) J Amy (Solicitor)(Respondent)