St George Community Housing Limited v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: St George Community Housing Limited v Sutherland Shire Council [2015] NSWLEC 1514 Hearing dates:8 December, 2015Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1. By consent, the appeal is upheld.2. Development Application No. 15/0052 for two townhouses and one villa at 148 Kiora Road, Miranda, is approved, subject to the conditions of consent at Annexure A.3. The exhibits, other than exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: townhouse and villa development; affordable rental housing; consent orders. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446 Category:Principal judgmentParties: St George Community Housing Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr A. Seton solicitor (Applicant) Ms J. Amy solicitor (Respondent) Solicitors: Marsdens Law Group (Applicant) Sutherland Shire Council (Respondent) File Number(s):10738 of 2015Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 15/0052 for the demolition of existing structures and construction of two townhouses and one villa (the proposal) at 148 Kiora Road, Miranda (the site) by Sutherland Shire Council (the Council). Prior to the hearing, the parties agreed to enter into consent orders. In considering the parties’ agreement to enter into consent orders, the Court’s Practice Note – Class 1 Development Appeals (paragraphs 35-6) provides: Application for final orders...