MBC President Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1402

Land and Environment Court New South Wales

Medium Neutral Citation: MBC President Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1402 Hearing dates: Conciliation conference on 14 August 2020 Date of orders: 01 September 2020 Decision date: 01 September 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court Orders: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of the Conditions of Consent at Annexure 'A'. (2) The Appeal is upheld. (3) Development Application 19/0896 for the demolition of existing structures and the construction of 8 dwellings and associated landscaping to create a multi dwelling development with Strata subdivision at 6-8 Durbar Avenue, Kirrawee, is determined by granting development consent to the application subject to the conditions set out in Annexure 'A'. (4) The Applicant is to pay the Respondent's costs in the agreed amount of $4,500.00 pursuant to s8.15(3) of the Environmental Planning & Assessment Act, 1979. Catchwords: DEVELOPMENT APPEAL – conciliation conference – multi dwelling development – strata subdivision – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Sutherland Shire Local Environmental Plan 2015 Texts Cited: NSW Department of Planning's Development near Rail Corridors and Busy Roads - Interim Guideline Category: Principal judgment Parties: MBC President Pty Ltd ACN 624931040 (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)