Urban Luxe Property Group Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1580

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Luxe Property Group Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1580 Hearing dates: Conciliation conference on 9 August, 5 and 13 September 2023 Date of orders: 05 October 2023 Decision date: 05 October 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondents costs as agreed or as assessed, within 28 days of any agreement or assessment. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA21/0982, as amended for the demolition of the existing single storey dwelling house and ancillary structures, and the construction of a new multi-dwelling development comprising 7 units (2 of which are affordable) over basement parking on Lot 5 in Section 9 in Deposited Plan 758511, also known as 9 King Street, Heathcote, subject to the conditions of consent annexed hereto and marked Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, cl 38 Land and Environment Court Act 1979, s 34 Rural Fire Act 1997 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 10, 13, 14, 15, 16A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.1, 4.3, 4.4, 5.10, 6.1, 6.2, 6.4, 6.5, 6.6, 6.7, 6.8, 6.14, 6.16, 6.17 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy – Urban Design Guidelines for Infill Development, March 2004 NSW Rural Fire Service, Planning for Bushfire Protection, November 2019 Sutherland Shire Council, Community Engagement Policy, 2019 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Urban Luxe Property Group Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)