Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1199 Hearing dates: Conciliation conference on 3 April 2019; 17 April 2019; 29 April 2019; 30 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend the development application to rely upon the amended plans referred to in condition 1 of Annexure A; (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amended plans as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW); (3) The appeal is upheld; (4) Development application 17/1723 for demolition of existing structures and construction of a five storey residential flat building comprising nine apartments with a two level basement carpark and strata subdivision at Lots 1 and 2 in DP 302432 known as nos 45-47 Parramatta Street, Cronulla, NSW, is determined by the granting of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Duke Developments Australia 2 Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: P Vergotis McCabe Curwood (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/271584 Publication restriction: No