Sage by Moran Pty Ltd as Agent for the Cronulla by Moran Partnership v Sutherland Shire Council [2023] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Sage by Moran Pty Ltd as Agent for the Cronulla by Moran Partnership v Sutherland Shire Council [2023] NSWLEC 1264 Hearing dates: Conciliation conference on 16 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No 20/0737 is modified in the terms in Annexure A. (3) Development Consent No 20/0737 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – modification application for mixed use development in B3 Commercial Core zone – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 2003 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 7.11, 7.13, 8.9 Environmental Planning and Assessment Regulation 2021, Sch 7, ss 102, 113 Land Environment Court Act 1979, s 34 State Environment Planning Policy (Resilience and Hazards) 2021, ss 2.4, 2.11, 4.6 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 30, Sch 1 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.7, 6.8, 6.16, 6.17 Cases Cited: SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233; [2015] NSWLEC 65 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide Sutherland Shire Section 7.11 Development Contribution Plan 2016 Category: Principal judgment Parties: Sage by Moran Pty Ltd as Agent for the Cronulla by Moran Partnership (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)