Leda Holdings Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: Leda Holdings Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1447 Hearing dates: Conciliation conference on 20 July 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $10,000. (2) The appeal is upheld. (3) Development Application No. DA21/0054 as amended, for the demolition of existing structures, Torrens title subdivision of one lot into nine lots and associated civil/drainage works and remediation on land legally described at Lot 1 in DP1056470 and known as 1C Box Road Caringbah, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – subdivision – industrial – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11; s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 5, Subdiv 2, s 2.48 Sutherland Shire Local Environmental Plan 2015, cll 2.3, 4.1, 6.1, 6.2, 6.4, 6.16 Category: Principal judgment Parties: Leda Holdings Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Seymour (Applicant) J Amy (Solicitor) (Respondent)