Mghder v Sutherland Shire Council [2022] NSWLEC 1675

Land and Environment Court New South Wales

Medium Neutral Citation: Mghder v Sutherland Shire Council [2022] NSWLEC 1675 Hearing dates: Conciliation conference on 4 October 2022; 29 November 2022 Date of orders: 08 December 2022 Decision date: 08 December 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA21/0678 for the demolition of existing structures, construction of a shop top housing development and strata subdivision at 21-23 Casuarina Road, Gymea Bay NSW 2227, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – shop top housing development and strata subdivision – 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 Panning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sutherland Shire Local Environmental Plan 2015, cll 6.2, 6.15, 6.16, 6.17 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Hameed Mghder (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)