The Trustee for SLD Development Fifteen Unit Trust & TYD Development Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1741 — Development Application — Barrister AI
The Trustee for SLD Development Fifteen Unit Trust & TYD Development Pty Ltd v Sutherland Shire Council
APPEAL — development application — conciliation conference — amended development application — low and mid rise housing — affordable housing — stormwater and easement — deferred commencement condition requiring drainage easement before development consent is operational — condition requiring stormwater drainage and associated vegetation management work within the easement prior to issue of occupational certificate — agreement between the parties — orders
Quick Take
1Under s 34(3) of the Land and Environment Court Act 1979 (NSW), a Commissioner must dispose of proceedings in accordance with the parties' agreement once two conditions are met: the parties have agreed a decision, and that decision is one the Court could have made in the proper exercise of its functions (McMillan v Taylor (2023) 111 NSWLR 634 at [51]).
2The 6-storey limit in s 175(2) of the Housing SEPP applies only to residential flat buildings with a building height of up to 22m. On the facts, it was treated as not engaged where the Ch 2 affordable housing bonus lifted the permissible height to 28.6m.
3Where owner's consent for drainage works on adjoining land has not been obtained, consent may be granted for works limited to the site, subject to: a deferred commencement condition requiring registration of the drainage easement; a condition expressly excluding works on the non-consenting land; and a condition under s 4.17(1)(f) of the EPA Act requiring the stormwater works within the easement to be completed before an occupation certificate is issued.
