Kellner v Sutherland Shire Council [2022] NSWLEC 1280

Land and Environment Court New South Wales

Medium Neutral Citation: Kellner v Sutherland Shire Council [2022] NSWLEC 1280 Hearing dates: Conciliation conference held 29 April 2022, 17 May and 23 May 2022, final agreement filed 25 May 2022 Date of orders: 2 June 2022 Decision date: 02 June 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent DA19/0868 is modified (MA 22/0011) in the terms set out at Annexure A. (3) Development Consent DA19/0868 as modified by the Court (MA 22/0011) is set out at Annexure B. Catchwords: MODIFICATION APPLICATION – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, 121B Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No.55—Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sutherland Shire Local Environmental Plan 2015, cll 5.21, 6.1, 6.2, 6.4, 6.16, 6.17 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2021) Category: Principal judgment Parties: Greg Kellner (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T Messenger (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)