Kid Property Pty Ltd v Wollondilly Shire Council [2021] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Kid Property Pty Ltd v Wollondilly Shire Council [2021] NSWLEC 1301 Hearing dates: Conciliation conference on 26 April 2021 Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The court orders: (1) Leave is granted to the Applicant to rely upon the following amended documentation: (i) Overall site plan, L-01 revision C, 9 March 2021, Site Design and Studio (ii) Landscape plan, L-02 revision C, 9 March 2021, Site Design and Studio (iii) Planting schedule and details, L-03 revision C, 9 March 2021, Site Design and Studio (iv) Stormwater concept plan, 101 revision B, 18 March 2021, Australian Consulting Engineers (v) Miscellaneous details sheet, 102 revision B, 18 March 2021, Australian Consulting Engineers (vi) Letter from planner confirming scope of Development Application prepared by Planzone dated 5 March 2021 (vii) Amended Koala Plan of Management prepared by Cumberland Ecology dated 7 April 2021 (2) The appeal is upheld. (3) Development Consent is granted to DA-2019/545/1 for: (i) continued use of the existing shed as an ancillary structure to the residential use of the land; (ii) separation of the shed into three components comprising 2x 15.175m sections and 1x 20.1m section; (iii) addition of roller doors to 2 of the sheds; (iv) drainage and landscape works; and (v) remediation works. at 45 Whitticase Lane, Wilton subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – vehicle storage shed – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.14, 4.16, 8.7, 9.34 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 44 – Koala Habitat Protection, cl 13 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Wollondilly Local Environmental Plan 2011, cll 5.10, 7.1, 7.2, 7.3, 7.5 Texts Cited: NSW Rural Fire Service, Planning for Bush Fire Protection Regulations, November 2019 Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Kid Property Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) K Mortimer (Respondent)