Ewos Investments Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Ewos Investments Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1410 Hearing dates: Conciliation conference 12 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) As a result of all amendments made, the applicant is to pay the respondent's costs thrown away (inclusive of those payable under Order 4 of the Short Minutes handed down 3 May 2024) in the agreed amount of $20,000, to be paid within 28 days of the date of these orders - in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development consent is granted to Development Application DA23/0128 for demolition of the existing improvements and construction of a 5 storey residential flat building containing 15 units over basement parking at 8 Ewos Parade, Cronulla, subject to the conditions of consent annexed hereto and marked "Annexure A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP), s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002 State Environmental Planning Policy (Housing) 2021, s 147 Sutherland Shire Local Environmental Plan 2015, cl 6.4 Cases Cited: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 Category: Principal judgment Parties: Ewos Investments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)