SMARAK No2 Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: SMARAK No2 Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1126 Hearing dates: Conciliation conference 26 February 2025 Date of orders: 06 March 2025 Decision date: 06 March 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs thrown away as a result of reliance on the amended documents and plans in the agreed amount of $15,000 payable within 28 days. (2) The appeal is upheld. (3) Development Application DA23/0818 for demolition of the existing structures, and construction of a seven-storey shop top housing development, comprising of 13 dwellings and 2 retail premises, 2 levels of parking as well as associated road and public domain works at 66-68 Croydon Street, Cronulla NSW is determined by the grant of consent subject to conditions contained in Annexure 'A' Catchwords: DEVELOPMENT APPLICATION: Residential apartment development – residential flat building – conciliation conference – agreement between parties - orders Legislation Cited: Architects Act 1921 Architects Act 2003 Environmental Planning and Assessment 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Strata Schemes (Freehold Development) Act 1973 Strata Schemes Development Act 2015, s 4, Pt 8 Environmental Planning and Assessment Regulation 2021, ss 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6 State Environmental Planning Policy (Housing) 2021, Sch 9, Ch 2, Pt 3, ss 147, 148 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 6.1. 6.2, 6.14, 6.17 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: SMARAK No2 Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Bawden (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)