Tonk Sydney Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1011

Land and Environment Court New South Wales

Medium Neutral Citation: Tonk Sydney Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1011 Hearing dates: Conciliation conference on 14 November 2023 Date of orders: 18 January 2024 Decision date: 18 January 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The applicant is to file the amended application, as outlined in Annexure A for development consent within 14 days of the date of this order. (2) The appeal is upheld. (3) Development Application No DA23/0363, as amended, for demolition of existing structures and construction of a five-storey residential flat building, containing a total of 20 units, with basement car parking over three levels accommodating 44 resident parking spaces and 5 visitor parking spaces at 1-3 Wood Lane, Cronulla, is determined by the grant of Development Consent, subject to the conditions set out in Annexure B. (4) The Applicant is to pay those costs of the Respondent, thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $15,000. 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. Land and Environment Court Act 1979, s 34. Environmental Planning and Assessment Regulation 2021, s 38. Sutherland Shire Local Environmental Plan 2015, cl 4.3, 4.4, 4.6, 6.2, 6.4, 6.14, 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 (Biodiversity and Conservation). Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Tonk Sydney Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: J Koprivnjak (Solicitor)(Applicant) J Amy (Solicitor)(Respondent)