Tomtome Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Tomtome Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1187 Hearing dates: Conciliation conference held 8 November, 11 December 2023, 29 January, 26 February, 25 March, 2 April and 8 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA23/0129 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $23,000 to be paid within 90 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA23/0129 (as amended) for demolition of existing structures and construction of a nine-storey residential apartment building comprising 12 apartments over two levels of basement carparking at 79-81 Gerrale Street, Cronulla, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 38 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 9, ss 145, 147 Sutherland Local Environmental Plan 2015, cll 1.8A, 2.3, 2.7, 4.3, 4.4, 5.10, 6.1, 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: Tomtome Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)