No Dramas Investments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: No Dramas Investments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1294 Hearing dates: Conciliation conference on 12 June 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A". (2) The applicant is to pay the respondent's costs thrown away as agreed or assessed as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Appeal is upheld. (4) Development Application No. DA18/1068 for demolition of existing structures and construction of a three and two storey boarding house comprising 14 rooms with parking for 7 cars, 3 motorcycles and 3 bicycles is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION: boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: No Dramas Investments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: G McKee, McKees Legal Solutions (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/322438 Publication restriction: No