Wu & Li Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Wu & Li Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1316 Hearing dates: Conciliation conference on 3 July 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1 of the conditions annexed hereto and marked "A". (2) The Applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The Appeal is upheld. (4) Development Application DA18/0482 for the demolition of existing structures and construction of a multi-dwelling development comprising 11 townhouses (3 of which are affordable pursuant to Part 2 Division 1 of the SEPP (Affordable Rental Housing 2009)) over basement parking at 160 The Kingsway Woolooware is approved subject to conditions annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of multi-dwelling housing – affordable housing – conciliation conference – agreement between 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 Texts Cited: Seniors Living Policy: Urban Design Guidelines for Infill Development, Department of Infrastructure, Planning and Natural Resources, March 2004 Category: Principal judgment Parties: Wu & Li Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: A Knox, Pikes Verekers Lawyers (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/205911 Publication restriction: No