Builtcom Developments President Square Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: Builtcom Developments President Square Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1147 Hearing dates: Conciliation conference on 21 December 2023; 5, 21 and 28 February 2024; 6, 18 and 22 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The modification application MA23/0154 is approved. (2) Development consent no. DA19/0333 is modified in the terms set out in Annexure A. (3) Development consent no. DA19/0333 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.55; Sch 1 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 113 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100, 2.119, 2.120, 2.122 State Environmental Planning Policy Amendment (Land Use Zones) (No 6) 2022 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 30; Sch 1 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.6, 6.2, 6.4, 6.15, 6.16, 6.17 Cases Cited: Coles Group Property Developments Ltd v Sutherland Shire Council [2020] NSWLEC 1458 Category: Principal judgment Parties: Builtcom Developments President Square Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)