Alcorp Builders Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Alcorp Builders Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1208 Hearing dates: Conciliation conference 4 April 2024 Date of orders: 23 April 2024 Decision date: 23 April 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment to the development application in the agreed final sum of $20,000.00 to be paid within 28 days of these orders. (2) The appeal is upheld. (3) Development application number DA22/1154, as amended, for the demolition of existing structures and construction of a residential flat building on land identified as Lot 17 in Deposited Plan 14633 and Lot 18 in Deposited Plan 14633 and known as 32-34 Waratah Road, Engadine NSW 2233, is determined by the grant of development consent subject to the conditions included at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a residential flat building – amended plans and additional information – agreement between the parties – orders made Legislation Cited: Architects Act 2003 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, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 2.2, s 2.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 145, 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 6.2, 6.4 Texts Cited: Apartment Design Guide 2015 Category: Principal judgment Parties: Alcorp Builders Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)