Geron Property No.7 Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: Geron Property No.7 Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1100 Hearing dates: Conciliation conference on 27 February 2024 Date of orders: 08 March 2024 Decision date: 08 March 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application number DA22/1100 is determined by the grant of consent for the demolition of existing structures and the construction of a residential flat building consisting of 22 x 3 bedroom units, 49 car spaces and 3 basement levels together with ancillary structures at 1 Wiak Road, Jannali, NSW 2226 (legally known as Lot 1 in DP 229025) subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 6.2 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 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 4, 28, 30, Sch 1 Sutherland Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.6, 5.21, 6.2, 6.4, 6.14, 6.16, 6.17 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Geron Property No.7 Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) J Cole (Solicitor) (Respondent)