Kirrawee ILS Pty Limited ATF Kirrawee ILT Trust v Sutherland Shire Council [2023] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Kirrawee ILS Pty Limited ATF Kirrawee ILT Trust v Sutherland Shire Council [2023] NSWLEC 1102 Hearing dates: Hearing on 23 & 24 February 2023, conciliation conference on 24 February 2023 Date of orders: 09 March 2023 Decision date: 09 March 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The written request pursuant to cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 (LEP), seeking variation to the minimum landscaped area control in cl 6.14 of the LEP, prepared by Willowtree Planning dated 23 February 2023 is upheld. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA22/0435, for the Torrens Title Subdivision of one (1) lot into four (4) lots at 41-51 Waratah Street, Kirrawee, subject to the conditions in Annexure A. (4) All exhibits are to be returned. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – contaminated site – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, , ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sutherland Local Environmental Plan 2015 (SLEP), cll 2.6, 4.1, 4.3, 4.4, 4.6, 6.2 5.10, 6.1, 6.4, 6.13A, 6.14, 6.16 Category: Principal judgment Parties: Kirrawee ILS Pty Limited ATF Kirrawee ILT Trust (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Staunton (Respondent)