Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1559

Land and Environment Court New South Wales

Medium Neutral Citation: Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1559 Hearing dates: Conciliation conference 12 September 2022, 21 September 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Appeal is upheld. (2) Modification Application No. MA/22/0105, to modify the development consent to Development Application No. DA18/1391 granted by the Respondent on 21 July 2020 relating to land at 11 and 13 Tonkin Street, Cronulla (Lots 1 to 6 S/P 1008 and Lots 1 to 10 S/P 294) is approved subject to the conditions at Annexure A. (3) As a consequence of Order (2), the development consent to Development Application No. DA18/1391 is now subject to the conditions in the form of Annexure B. Catchwords: APPEAL – modification application – modification to roof top terrace on residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 4.56, 8.9 Environmental Planning and Assessment Regulation 2021, cll 100, 102, 113 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Duke Developments Australia 4 Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)