Landmark Group Australia Pty Limited v Sutherland Shire Council [2025] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Limited v Sutherland Shire Council [2025] NSWLEC 1002 Hearing dates: Conciliation conference 11-12 December 2024 Date of orders: 06 January 2025 Decision date: 06 January 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $10,000.00 within 28 days from the date of these Orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA24/0230 (as amended) to amend condition No. 58 under DA21/0629 to vary the allocation of affordable housing units within the approved development and to change some of the door and window openings, at 101-109 Willarong Road, Caringbah NSW 2229, subject to the conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – application to amend development application – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 29, 38 Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing) 2021, ss 16, 147, 148, Sch 9 State Environmental Planning Policy (Sustainable Buildings) 2022 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 6.16, 6.17 Cases Cited: Caringbah Bowling & Recreation Club Ltd v Sutherland Shire Council [2023] NSWLEC 1305 Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Texts Cited: NSW Planning and Environment, Apartment Design Guide Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Landmark Group Australia Pty Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Amy (Solicitor) (Respondent)