Ozone Cronulla Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Ozone Cronulla Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1133 Hearing dates: 13 & 14 December 2018; 27 February 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: (1) The Applicant is granted leave to amend the development application and to rely on amended plans, including amended landscape plans;

(2) The Applicant is to pay the Respondent's costs that are thrown away as a result of amending the development application as agreed or assessed under s 8.15 of the Environmental Planning and Assessment Act 1979;

(3) The appeal is upheld;

(4) Development application DA 18/0323, as amended, for the demolition of existing structures and the construction of a nine storey residential flat building, with basement car parking, at 5-9 Ozone St, Cronulla, is determined by the grant of consent, subject to the conditions attached at Annexure 'A';

(5) The exhibits are returned, except Exhibits A, B, C, & 1. Catchwords: DEVELOPMENT APPLICATION: Residential Flat Building – view loss – external presentation – landscaping – common open space – building separation Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Sutherland Shire Local Environmental Plan 2015 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Texts Cited: Crime Prevention and the Assessment of Development Applications: Guidelines under section 79C of the Environmental Planning and Assessment Act 1979, Department of Urban Affairs and Planning, 2001 Sutherland Shire Development Control Plan 2015 Using the Apartment Design Guide (Planning Circular PS 17-001), Department of Planning and Environment, 2017 Category: Principal judgment Parties: Ozone Cronulla Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T Hale SC (Applicant) S Nash (Respondent)