Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181 Hearing dates: 24-25 March 2020; brief submissions 28 May 2020 Date of orders: 17 June 2020 Decision date: 17 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon amended plans at Exhibits E, F, G and H subject to costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000.00. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA18/1347 for the demolition of existing dwellings and construction of a multi-dwelling housing development of 6 townhouses comprising 4x3-storey, 3 bedroom townhouses and 2x2-storey, 3 bedroom townhouses, and basement parking consisting of double garage and laundry at 46-48 Elouera Road, Cronulla NSW, subject to those conditions at Annexure A. (4) All exhibits are returned, except for Exhibits D, E, F, G and H, L, M and 7, 8 and 9. Catchwords: DEVELOPMENT APPLICATION – R3 medium density residential zone – multi-dwelling housing – landscape setback – flood planning Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Cases Cited: Chami v Lane Cove Council [2015] NSWLEC 1003 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Building Code of Australia Land and Environment Court of NSW, 'COVID-19 Pandemic Arrangements Policy' (March 2020) Simon Leake and Elke Haege, 'Landscape Soils Handbook' (2017) Sutherland Shire Development Control Plan 2015 Sutherland Shire Section 7.12 Development Contributions Plan 2016 Category: Principal judgment Parties: Connoisseur Investments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Amy (Solicitor) (Respondent)