Keystone Elite Properties Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1445

Land and Environment Court New South Wales

Medium Neutral Citation: Keystone Elite Properties Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1445 Hearing dates: Conciliation conference on 13 June and 13 July 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The Applicant is to pay those costs of the Respondent, thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $10,000. (2) The appeal is upheld. (3) Development Application No. DA21/0874, as amended, for demolition of the existing building and ancillary structures and construction of a four-storey residential flat building containing 16 apartments including 2 level basement carparking and associated landscaping at 9-11 Moani Avenue, Gymea, is determined by the grant of development consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – residential flat building – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15(3) Land and Environment Court Act 1979, s 34. Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.2, 6.4, 6.16, 6.17 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (repealed) State Environmental Planning Policy (Biodiversity and Conservation) 2021 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Keystone Elite Properties Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)