Terbass Pty Limited v Sutherland Shire Council [2022] NSWLEC 1649

Land and Environment Court New South Wales

Medium Neutral Citation: Terbass Pty Limited v Sutherland Shire Council [2022] NSWLEC 1649 Hearing dates: 23 and 24 August 2022, 10 October 2022 and 8 November 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders, by consent: (1) The appeal is upheld. (2) Development application DA 20/1122 for the demolition of existing structures, removal of trees and construction of a 4-storey boarding house containing 26 boarding rooms (inclusive of the manager's room) – 12 x double and 14 x single rooms for a maximum of 38 occupants over two levels of basement containing parking for 13 cars on land described as SP 14049 located at 24 Searl Road, Cronulla is determined by the grant of consent subject to the conditions in Annexure 'A'. (3) Exhibits A, N, O, R, 10 and 14 are retained. Exhibits B-M, P, Q, S and 1-9, 11-13 and 15-18 are returned. Catchwords: DEVELOPMENT APPLICATION – construction of four storey boarding house, basement parking and landscaping – consent orders. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 8.15 Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Infrastructure) 2007 cll 102, 103 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Sutherland Shire Local Environmental Plan 2015 cll 2.3, 4.3, 5.10, 6.1, 6.2, 6.4, 6.14, 6.17 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Terbass Pty Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Farrell (Applicant) J Cole (solicitor) (Respondent)