The Trustee for Kyriacou Wise Property Unit Trust v Sutherland Shire Council [2021] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Kyriacou Wise Property Unit Trust v Sutherland Shire Council [2021] NSWLEC 1427 Hearing dates: Conciliation conference on 28 June and 5 July 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans set out in Condition 1 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent, under section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Appeal is upheld. (4) Development application DA200392 for the demolition of existing structures and the construction of a child care centre for 55 children, with basement carparking and associated landscaping at Lot 114 in DP 5606, known as 7 Telopea Avenue, Caringbah South is approved subject to the conditions at Annexure A. Catchwords: APPEAL – development application – child care facility – conciliation conference – agreement reached – orders made Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 and 8.10 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy – Educational Establishments and Child Care Facilities 2017, cl 22 State Environmental Planning Policy No 55— Remediation of Land, cl 7 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: The Trustee for Kyriacou Wise Property Unit Trust (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)