Greenley (NSW) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Greenley (NSW) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1054 Hearing dates: Conciliation Conference 25 and 30 January 2023 Date of orders: 09 February 2023 Decision date: 09 February 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA22/0690 in respect of 2 Hill Street, Woolooware for the demolition of existing structures and construction of four dwellings to form a multi dwelling housing development with basement carparking and strata subdivision is determined by the grant of consent, subject to the conditions contained in Annexure "A". (3) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 in the agreed amount of $4,000. Catchwords: DEVELOPMENT APPEAL – multi-dwelling housing – landscaping – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 4, ss 4.16, 8.7, 8.15 Environmental Planning & Assessment Regulation 2021, s 37Land and Environment Court Act 1979, ss 17, 34 Local Land Services Act 2013, s 60O State Environmental Planning Policy (Biodiversity & Conservation) 2021, Ch 2, s 2.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.14 Cases Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Greenley (NSW) Pty Ltd ACN 600 136 601 (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: S Dimarco (Solicitor)(Applicant) J Amy (Solicitor)(Respondent)