Beamstone Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1493

Land and Environment Court New South Wales

Medium Neutral Citation: Beamstone Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1493 Hearing dates: Conciliation conference 01 October 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) The Applicant is granted leave to amend the modification application and rely on the following documents: (a) Plan of subdivision of Lots 10 and 11 DP 1202660 as received by the Council on 30 September 2020; (b) Bushfire Fuel Management Plan (Lot 100) prepared by Travers Bushfire and Ecology dated 18 September 2020; and (c) Vegetation Management Plan prepared by Cumberland Ecology (report NO.2013RPI) dated 15 September 2020. (2) The appeal is upheld. (3) Modification application MA19/0221 lodged on 23 July 2019 is approved subject to the conditions set out in Annexure "A". Catchwords: MODIFICATION – subdivision – reconfiguration of lots – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sutherland Shire Local Environmental Plan 2015 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 43 NSWLR 468 Category: Principal judgment Parties: Beamstone Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T To (Applicant) J Amy (Solicitor) (Respondent)