Design Link Australia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1433

Land and Environment Court New South Wales

Medium Neutral Citation: Design Link Australia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1433 Hearing dates: Conciliation conference on 30 August 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Class 1 Before: Walsh 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 for the agreed amount of $3,000 as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the date of these Orders. (3) The Appeal is upheld. (4) Development Application No. DA18/0558 for demolition of existing structures and construction of a three and two storey boarding house comprising 10 rooms with parking for 5 vehicles, motorcycle and bicycle parking is approved subject to the conditions set out 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No.55- Remediation of Land Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Design Link Australia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)