Project Flow Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Project Flow Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1167 Hearing dates: Conciliation conference 5 February 2024 Date of orders: 10 April 2024 Decision date: 10 April 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA23/0289, for demolition of existing structures and construction of a multi-dwelling housing development of nine (9) townhouses including basement, swimming pools, carparking and a nine (9) lot strata subdivision on land legally comprising Lots 2, 3 and 1 in DP601639, also known as 35, 35A and 37 Langer Avenue, Caringbah South, subject to the conditions of consent at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amended plans, in accordance with s 8.15(3) of the Environmental Planning & Assessment Act 1979 as agreed or as assessed, payable within 28 days of any agreement or assessment. Catchwords: DEVELOPMENT APPLICATION – 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 6.4 Category: Principal judgment Parties: Project Flow Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)