Macquarie Health Corporation Ltd v Independent Planning Commission of New South Wales [2024] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Macquarie Health Corporation Ltd v Independent Planning Commission of New South Wales [2024] NSWLEC 1184 Hearing dates: Conciliation conference on 2 and 12 April 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application SSD10320 (as amended) dated 7 December 2020 relating to the redevelopment of the land and improvements contained in Folio Identifiers 1/841502, 24A/26995, 23/26995, 53/29493 and 54/29493 known as President Private Hospital and situated at 369- 381 President Avenue, Kirrawee in the State of New South Wales subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – redevelopment of the President Private Hospital – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.9 Environmental Planning and Assessment Act 1979, ss 4.36, 4.41, 4.42 Heritage Act 1977 Land and Environment Court Act 1979, s 34 Roads Act 1993 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6; Sch 5 State Environmental Planning Policy (Planning Systems) 2021, s 2.6; Sch 1 s 14 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.60, 2.119, 2.122 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.2, 6.4, 6.16, 6.18; Sch 5 Category: Principal judgment Parties: Macquarie Health Corporation Ltd (Applicant) Independent Planning Commission of New South Wales (Respondent) Representation: Counsel: R White (Applicant) T Poisel (Respondent)