Fourways Motors (Bankstown) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1173

Land and Environment Court New South Wales

Medium Neutral Citation: Fourways Motors (Bankstown) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1173 Hearing dates: Conciliation conference on 2 and 16 March 2023 Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 in the agreed amount of $5,000. (2) The appeal is upheld. (3) Development application No. DA22/0752, seeking consent for the demolition for existing structures and construction of a childcare centre with basement parking at 137-139 Loftus Avenue, Loftus, is determined by the grant of consent subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.7, 8.7 Environment Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 6.1, 5.10, 5.21,6.1, 6.2, 6.4, 6.14, 6.18 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s. 2.99, Chs 2, 3 Texts Cited: Department of Planning and Environment, Child Care Planning Guideline, 2017 Sutherland Shire Council, Community Engagement Policy, 2019 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Fourways Motors (Bankstown) Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Amy (Solicitor) (Respondent)