Kouzi v Sutherland Shire Council [2022] NSWLEC 1463

Land and Environment Court New South Wales

Medium Neutral Citation: Kouzi v Sutherland Shire Council [2022] NSWLEC 1463 Hearing dates: Conciliation Conference 19 August 2022 Date of orders: 05 September 2022 Decision date: 05 September 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: 1) The appeal is upheld 2) Development Application (DA) No. 21/0485, as amended, for the demolition of the existing building and structures and the construction of a centre based child care facility for 43 children including on-site carparking, landscaping and other associated works on land legally described as Lot 5 DP 737257 known as 1 Lawson Place, Barden Ridge is determined by way of the grant of consent subject to the conditions in Annexure A. 3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent, under s 8.15(3) of the Environmental Planning and Assessment Act 1979, for the agreed amount of $12,000 payable within 60 days. Catchwords: DEVELOPMENT APPLICATION – childcare centre – amended plans and further information – conciliation conference - agreement reached between the parties – orders made Legislation Cited: Education and Care Services National Regulation regs 107,108 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 3.22 Sutherland Shire Local Environmental Plan 2015 cl 6.4, 6.16, 6.18 Texts Cited: NSW Department of Planning and Environment, Childcare Planning Guideline (August 2017) Category: Principal judgment Parties: Mitri Kouzi (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: C Rose, Solicitor (Applicant) J Amy, Solicitor (Respondent)