Build Genius Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1211

Land and Environment Court New South Wales

Medium Neutral Citation: Build Genius Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1211 Hearing dates: Conciliation conference 10 May 2019 Date of orders: 15 May 2019 Decision date: 15 May 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is given leave to amend the development application and rely upon the plans contained at condition 1 to Annexure A. (2) The applicant is to pay the respondent's costs pursuant to s 8.15(3) in the agreed amount of $6,700. (3) The appeal is upheld. (4) Development application 17/1748 seeking approval for demolition of existing structures and construction of five townhouses at 1 Strickland Street, Heathcote is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL against deemed refusal – conciliation conference – townhouse development –agreement between the parties – orders Legislation Cited: Environmental Planning and assessment Act 1979 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Build Genius Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: V Conomos, Conomos Legal (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/125048 Publication restriction: No