Woolworths Group Limited v Sutherland Shire Council [2022] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Woolworths Group Limited v Sutherland Shire Council [2022] NSWLEC 1384 Hearing dates: Conciliation conference on 14 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $15,000.00 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA20/1105 for the construction of a small-scale neighbourhood retail development comprising a Metro Woolworths supermarket, BWS Liquor store, four retail tenancies and at grade car parking comprising of 74 car parking spaces, new roundabout on Old Illawarra Road, vehicular access, tree removal, landscaping and signage on land at 152 Old Illawarra Road, Barden Ridge, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 6.12 Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Act 1979, ss 4.14, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55(1) Environmental Planning and Assessment Regulation 2021, cll 24, 61, 62 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.121 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 5.1, 5.4, 6.2, 6.4, 6.15, 6.16, 6.17 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Woolworths Group Limited (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Amy (Solicitor) (Respondent)