Team Tech Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Team Tech Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1033 Hearing dates: 17-18 October 2019; 6 December 2019; 16 December 2019 Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans in Exhibit A subject to the Applicant paying those costs of the Respondent thrown away, as agreed or assessed. (2) The appeal is dismissed. (3) Development consent for Development Application DA18/0627 seeking consent for the demolition of existing structures and construction of 14 townhouses and strata subdivision is refused. (4) All exhibits are returned, except for Exhibits 9, 10, 11, 12 and K, N and P. Catchwords: DEVELOPMENT APPEAL – multi-dwelling housing in R2 zone – whether a lot is an internal lot – clause 4.6 written request to justify height exceedance – streetscape and built form Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Team Teach Pty (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) J Cole (Solicitor) (Respondent)