Charalambous v Sutherland Shire Council [2024] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: Charalambous v Sutherland Shire Council [2024] NSWLEC 1488 Hearing dates: Conciliation Conference on 3, 19 and 30 April, and 14, 22 and 27 May 2024 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $8,000, to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) The request pursuant to cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 to vary the development standard for minimum lot size contained within cl 69(1)(b) of the State Environmental Planning Policy (Housing) 2021 thereof, as prepared by Planning Ingenuity dated 15 April 2024, is upheld. (4) The request pursuant to cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 to vary the development standard for floor space ratio contained within cl 4.4 thereof, as prepared by Planning Ingenuity dated 15 April 2024, is upheld. (5) Development consent is granted to development application No DA23/0433 as amended, for the demolition of the existing building and structures, excavation and construction of a 5 storey mixed use building comprising of 26 co-living housing units and 2 commercial suites with basement parking at 62 Croydon Street, Cronulla, NSW, 2230 legally known as Lot 19 DP 655323, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – cl 4.6 variations – co-living housing – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38, Sch 7 Dictionary Standard Instrument – Principal Local Environmental Plan (2006 EPI 155a) State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, ss 68, 69 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Div 15, Subdiv 2 Sutherland Local Environmental Plan 2015, cll 2.2, 2.3, 4.3, 4.4, 4.6, 5.21, 6.1, 6.2 Cases Cited: Charalambous v Sutherland Shire Council [2022] NSWLEC 1251 Texts Cited: NSW Department of Planning, Development near Rail Corridors and Busy Roads – Interim Guidelines, December 2008 Sutherland Development Control Plan 2015 Category: Principal judgment Parties: Costa Charalambous (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)