NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Caringbah Bowling & Recreation Club Ltd v Sutherland Shire Council [2023] NSWLEC 1305 Hearing dates: Conciliation Conference on 2 June 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Modification Application No MA22/0287 to increase floor to floor heights and minor changes to some areas of glazing on the façades with the introduction of nib walls, at 101-109 Willarong Road, Caringbah, modifies Development Consent No DA21/0629, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 Sutherland Local Environmental Plan 2015 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development 2002 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Caringbah Bowling & Recreation Club Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Cowper (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)
Solicitors: Mills Oakley (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2023/26367 Publication restriction: No
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