3GEN Ltd v Sutherland Shire Council [2026] NSWLEC 1209
Before: Creagh AC · NSW Land and Environment Court
Summary
This appeal concerns a development application for demolition of existing structures and construction of a mixed-use development including residential, centre-based childcare, medical centre, commercial and retail at 544-550 Box Road, Jannali NSW 2226 (Lot 2 DP 202711 and Lot 2 DP 209152). Pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), the appeal was commenced against the deemed refusal of the application, which was subsequently refused on 16 September 2
Catchwords
APPEAL – development application – mixed-use development – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away in the agreed amount of $25,000 within 28 days from the date of these Orders. (2) The appeal is upheld. (3) The Applicant’s written request pursuant to cl 4.6 of the Sutherland Shire Local Environment Plan 2015 (SSLEP) to vary the height of building development standard in cl 4.3 of the SSLEP is upheld. (4) Development Application No DA25/0261 for the demolition of existing structures and construction of a mixed-use development including residential, centre-based childcare, medical centre, commercial and retail at 544-550 Box Road, Jannali, NSW 2226 (Lot 2 DP 202711 and Lot 2 DP 209152) is determined by the grant of consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW) ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.23, 3.26 Sutherland Shire Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.4, 6.15, 6.16, 6.17
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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