UrbanLuxe Boronia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1371

Land and Environment Court New South Wales

Medium Neutral Citation: UrbanLuxe Boronia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1371 Hearing dates: Conciliation conference on 24 June 2019 and 5 July 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending the development application in the amount of $4,250 payable within 14 days of the date of these orders. (3) The Applicant's written request pursuant to clause 4.6 of the Sutherland Shire Local Environmental Plan 2015 ("SSLEP") seeking to justify the breach of the maximum height development standard pursuant to clause 4.3 of SSLEP dated 29 April 2019 has been considered and the parties have formed the necessary opinion of satisfaction under clause 4.6(4) of SSLEP. Consequently, the Applicant's written request is well founded and should be upheld. (4) The appeal in respect of the property known as 21-23 Boronia Avenue, Engadine NSW is upheld. (5) Development Application DA18/1175 to demolish the existing structures on the site, construct a residential flat building containing 31 apartments with 40 basement car parking spaces, landscaping, a roof top communal open space area and strata subdivision at 21-23 Boronia Avenue, Engadine NSW is approved subject to the conditions at 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 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sutherland Shire Local Environmental Plan 2015 Texts Cited: Sutherland Development Control Plan 2015 Category: Principal judgment Parties: UrbanLuxe Boronia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: A Boskovitz, Boskovitz Lawyers (Applicant) J Amy, Sutherland Shire Council (Respondent) File Number(s): 2018/364870 Publication restriction: No