Mark Mackenzie, Ian Fooks, Stephen Pugh, Daniel Fooks and James Strange ATF the Heathcote Gospel Trust v Sutherland Shire Council [2023] NSWLEC 1470

Land and Environment Court New South Wales

Medium Neutral Citation: Mark Mackenzie, Ian Fooks, Stephen Pugh, Daniel Fooks and James Strange ATF the Heathcote Gospel Trust v Sutherland Shire Council [2023] NSWLEC 1470 Hearing dates: Conciliation conference on 16 May, 22 June and 5 July 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The applicant shall pay the respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $15,000.00 within 28 days of the date of this order. (2) The appeal is upheld. (3) Development consent is granted to development application No DA21/0878, as amended in accordance with the documentation listed in Annexure A, for the development of a two lot Torrens title subdivision to create a new residential lot at Lot 1 DP 1061705, being 44R Forum Drive, Heathcote, NSW subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Torrens title subdivision – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 s34 Environmental Planning and Assessment Act 1979 ss 4.16, 4.46 Environmental Planning and Assessment Regulation 2021, s 37 Rural Fires Act 1997, s 100B Sutherland Shire Local Environmental Plan 2015 cll 2.6, 4.1, 4.1A, 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2 Biodiversity Conservation Act 2016 Texts Cited: Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Mark Mackenzie, Ian Fooks, Stephen Pugh, Daniel Fooks and James Strange as trustees for the Heathcote Gospel Trust (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor)(Respondent)