Grind Espresso Industrial Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1155

Land and Environment Court New South Wales

Medium Neutral Citation: Grind Espresso Industrial Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1155 Hearing dates: Conciliation conference on 30 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Class 1 Before: Deputy Registrar Orr Decision: The Court orders: (1) The appeal is upheld. (2) The Order given by Sutherland Shire Council on 28 September 2022 is modified pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 as follows: (a) Under the heading "To Do What", the Order is amended as follows: (i) Item 1 remains; (ii) Item 2 is amended to read "for the awning to remain, evidence is to be provided from a suitably qualified person that the retractable awning above the counter service area of Grind café has been installed per manufacturer's specifications and structural requirements and that it is structurally secure"; (iii) Item 3 is amended to read "the two screens in front of the service area of the café are to be placed on hinges and evidence is to be provided from a suitably qualified person that they are structurally secure"; (iv) Item 4 remains; (v) Item 5 is amended to read "for the toilet to remain, evidence from a suitably qualified person that the toilet in the storage area of Grind café has been installed in accordance with the relevant requirements of the National Construction Code". (b) Under the heading "Period for Compliance", the Order is amended as follows: (i) Item 2, 3 and 5 - within 30 days from the date of the Court Orders. (ii) Item 4 - within 21 days from the date of the Court Orders. Catchwords: DEVELOPMENT CONTROL ORDER – unauthorised structures and additions – compliance order – conciliation conference – agreement between the parties – modified order Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.18, 9.34, Sch 5 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: Grind Espresso Industrial Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr B Dyer (solicitor) (Applicant) Ms J Amy (solicitor) (Respondent)