Orangeville Trust Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1477

Land and Environment Court New South Wales

Medium Neutral Citation: Orangeville Trust Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1477 Hearing dates: Conciliation conference on 26 August 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1. (2) The applicant is to pay the respondent's costs thrown away as a result of amended plans pursuant to s 8.15(3) as agreed or as assessed. (3) Appeal upheld. (4) Development Application DA 18/0407 for demolition of existing structures and construction of a boarding house comprising 34 boarding rooms and basement parking at 11 Urunga Parade, Miranda is approved subject to the conditions annexed hereto and marked "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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land Sutherland Local Environmental Plan 2015 Category: Principal judgment Parties: Orangeville Trust Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)