SLD Development Eleven Pty Ltd v Sutherland Shire Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

SLD Development Eleven Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1513

Hearing dates:

Conciliation conference 3 July 2025

Date of orders:

22 July 2025

Decision date:

22 July 2025

Jurisdiction:

Class 1

Before:

Dickson C

Decision:

The Court orders that:

(1) The appeal is upheld

(2) Modification application MA24/0272 for the modification of development consent DA18/0145 at 681-683 Old Princes Highway, Sutherland NSW 2232 is approved. Development Consent No. DA18/0145 is modified in the terms set out in Annexure ‘A’.

(3) Development Consent No. DA18/0145, as modified by the Court, is set out in Annexure ‘B’.

Catchwords:

MODIFICATION APPLICATION – modification of a development consent for a residential flat building – conciliation conference – amended plans and documents – agreement between the parties – orders made.

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 8.9, 4.55

Land and Environment Court Act 1979, s 34

Environmental Planning and Assessment Regulation 2021, s 113

Cases Cited:

Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170

McMillan v Taylor (2023) 111 NSWLR 634

Category:

Principal judgment

Parties:

SLD Development Eleven Pty Ltd & TYD Sutherland Holding Pty Ltd (Applicant)
Sutherland Shire Council (Respondent)

Representation:

Counsel:
M Harker (Applicant)
J Amy, solicitor (Respondent)

Solicitors:
Mills Oakley (Applicant)
Sutherland Shire Council (Respondent)

File Number(s):

2025/53619

Publication restriction:

No

JUDGMENT

1. COMMISSIONER: This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Modification Application MA24/0272 (the Modification Application). The Modification Application seeks to modify development consent DA18/0145 which granted approval for demolition of existing structures and construction of a residential flat building at 24 Belmont Street and 681-683 Old Princes Highway, Sutherland NSW 2232 (Lot 2 and 3 in DP 12701 and Lot 1 in DP 15909).

2. The Modification Application seeks consent for the following changes:

1. A reduction in the number of units to 48 (previously 50).

2. An increase in the total gross floor area by 28.74m² to a total of 4,066.97m².

3. An increase in the overall height of the building to 20.9m.

4. Changes to ceiling heights, and floor levels to achieve headroom clearances for basement parking levels.

5. Lowering the lowest basement level.

6. An increase in the footprint of basement 3 level by approximately 49m².

7. Piers of basement level to be provided externally to the basement footprint.

8. Amended driveway ramps to suit the new floor levels of basement levels.

9. Amended outdoor communal open space area layout and design.

3. In exercising the functions of the consent authority on the appeal, the Court has the power to determine the Modification Application pursuant to s 4.55(2) of the EPA Act.

4. Following the conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (LEC Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The agreement was subsequently filed…