64 Ewos Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1338
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by 64 Ewos Pty Ltd and Steven Charles Boxall (together the Applicant), against the refusal of Modification Application MA25/0091 (the MA) by Sutherland Shire Council (the Respondent). The MA seeks to modify Development Consent DA23/0650 (the parent DA), which granted approval for the demolition of existing structures and construction of a five-storey residential apartment building d
Catchwords
MODIFICATION APPLICATION — residential apartment development — agreement between the parties — orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application MA25/0091 and rely upon the amended plans and documents referred to in Condition 6 at Annexure A. (2) The appeal is upheld. (3) Development Consent DA23/0650 is modified subject to the conditions of consent set out at Annexure A. (4) Development Consent DA23/0650, as modified by the Court, is subject to the consolidated conditions of consent set out at Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 98, 100, 102, 113 State Environmental Planning Policy (Housing) 2021, Chs 4, 6, s 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.6, 6.1, 6.2, 6.4, 6.14, 6.16
Read the full judgment
Authoritative text on NSW Caselaw · ~13k words
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