Joseph v Sutherland Shire Council [2018] NSWLEC 1193

Land and Environment Court New South Wales

Medium Neutral Citation: Joseph v Sutherland Shire Council [2018] NSWLEC 1193 Hearing dates: 27, 28 March 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) No order as to costs; (3) The objection pursuant to cl 4.6 of the Sutherland Local Environmental Plan 2015 is upheld; (4) The appeal is upheld; (5) Consent is granted to Development Application No. DA17/0888 for demolition of existing structures and construction of a residential flat building containing nine units and basement parking at Lot 34, DP 8147, 21 Flide Street, Caringbah subject to conditions in Annexure A as amended by this judgement; (6) The exhibits are returned with the exception of Exhibit A, B, D and 5. Catchwords: DEVELOPMENT APPEAL: residential flat building – affordable rental housing – compatibility with existing and desired future character - variation to height standard - consistency with amalgamation plan for Caringbah Medical precinct – whether the amenity of the development is acceptable – whether the proposed development affects future development of adjoining sites – precedent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 Project Venture Developments Pty Ltd v Pittwater Council (2005) NSWLEC 91 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Mr John Rohan Joseph (First Applicant) Ms Melissa Joseph (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Respondent)