Tydruce Investments Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1616

Land and Environment Court New South Wales

Medium Neutral Citation: Tydruce Investments Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1616 Hearing dates: 21 October 2022 Date of orders: 08 November 2022 Decision date: 08 November 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant agrees to pay the Respondent's costs thrown away as a result of the amended plans pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979 in the amount of $8,000. (2) The appeal is upheld. (3) Development consent is granted to development application DA21/0774 for the demolition of existing structures, removal of one tree and construction of a two storey multi dwelling housing development comprising nine dwellings with two units used as affordable housing pursuant to the State Environmental Planning Policy (Affordable Rental Housing) 2009, basement car parking and associated works at 15 Clements Parade, Kirrawee. 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, 8.15 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Affordable Rental Housing) 2009, Div 1, cll 10, 13, 14, 15, 16A, 17 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, cl 2, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 5.10, 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) Sutherland Shire Council Community Engagement Policy 2019 Seniors Living Policy: Urban Design Guidelines for Infill Development, NSW Department of Planning Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Tydruce Investments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicants) J Amy (Solicitor)(Respondent)