Join Constructions Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1551

Land and Environment Court New South Wales

Medium Neutral Citation: Join Constructions Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1551 Hearing dates: Conciliation conference 23 August 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification Application MA24/0132 for changes to the internal and external building form, reduction in building envelope, and revised landscape works at 9 The Esplanade, Cronulla, is determined by way of approval. (2) Development Consent No DA22/0151 is modified in the terms in Annexure A. (3) Development Consent No DA22/0151 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – application directly made to Court - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.10, 2.11, 2.12, 2.13 Cases Cited: Kerstin Thompson Architects Pty Ltd trading as Kerstin Thompson Architects v Sutherland Shire Council [2022] NSWLEC 1432 Gordon & Valich Pty Ltd v City of Sydney Council [2007] NSWLEC 780 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Category: Principal judgment Parties: Join Constructions Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)