Calautti v Sutherland Shire Council [2022] NSWLEC 1739

Land and Environment Court New South Wales

Medium Neutral Citation: Calautti v Sutherland Shire Council [2022] NSWLEC 1739 Hearing dates: Conciliation conference on 16 November 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the Applicant is granted leave to rely on its amended application in the appeal; (2) the appeal is upheld. (3) development consent is granted to Development Application No. 21/0773 for the demolition of existing structures and construction of a Seniors Housing development incorporating 7 self-contained dwellings, basement parking, associated site works and strata subdivision at 45 Gannons Road, Caringbah, subject to the conditions of consent 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 Environment Planning and Assessment Regulation 2000 cl 55 Environment Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 11.5, 11.6, 11.7 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Housing for Seniors of People with a Disability) 2004, Ch 2, cll 25, 26, 28, 29, 30, 31, 32, 40, 41, 50, Div 2, Sch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 55 – Remediation of Land State Environment Planning Policy (Transport and Infrastructure) 2021, 2.119 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 6.1, 6.2, 6.4, 6.14, 6.16, 6.17 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, 2004 Sutherland Shire Council, Community Engagement Policy, 2019 Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Felicia Calautti (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Amy (Solicitor)(Respondent)