SHA Operations Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: SHA Operations Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1082 Hearing dates: Conciliation conference on 24 January, 12 February and 16 February 2024 Date of orders: 28 February 2024 Decision date: 28 February 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant is to pay the Respondents costs thrown away as a result of the amendments to the development application in the agreed amount of $7,000, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The cl 4.6 Request relating to Floor Space Ratio forming Annexure C to the Statement of Environmental Effects prepared by Planning Ingenuity and dated 30 May 2023 is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application DA23/0382 for alteration of the existing office building at the front of the site, demolition of the existing warehouse building and construction of 2 new buildings comprising a self-storage unit development at 130-140 Parraweena Road, Miranda. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – storage facility – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Industry and Employment) 2021 Ch 3, ss 3.6, 3.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Ch 4 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.14, 6.15, 6.16 Category: Principal judgment Parties: SHA Operations Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)