Fyve Developments Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1435

Land and Environment Court New South Wales

Medium Neutral Citation: Fyve Developments Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1435 Hearing dates: Conciliation conference on 18 April 2023 Date of orders: 09 August 2023 Decision date: 09 August 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders that: (1) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $12,000 within 28 days of the date of this order. (2) The Applicant's written request prepared by Planning Ingenuity dated 29 May 2023, pursuant to cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 (SSLEP), to vary the height of buildings development standard in cl 4.3 of the SSLEP is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No DA22/0890, for demolition of existing structures and construction of a residential flat building, comprising seven storeys above ground, with three levels of basement parking, 36 residential apartments and associated landscaping, ancillary works and strata subdivision, at 15–19 Pinnacle Street, Miranda (Lots 11–13 in DP 11987), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential flat building– variation to height of building development standard – site isolation - conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7, 8.15, Sch 1 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 Sutherland Local Environmental Plan 2013, cll 2.3, 2.6, 2.7, 4.3, 4.4, 4.6, 6.2, 6.4, 6.10, 6.14, 6.16, 6.17 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Sutherland Shire Council, Community Engagement Policy, 2019 Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Fyve Developments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Counsel) (Applicant) R McCulloch (Solicitor) (Respondent)