Jefferson M Robinson Associates Pty Ltd v Sutherland Shire Council [2006] NSWLEC 461

Land and Environment Court of New South Wales

CITATION : Jefferson M Robinson Associates Pty Ltd v Sutherland Shire Council [2006] NSWLEC 461

APPLICANT Jefferson M Robinson Associates Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11128 of 2003

CORAM: Hoffman C

KEY ISSUES: Development Application :- s 96 modification application, compliance with the deferred commencement conditions, bio-retention swale engineering, vegetation managment plan, foreshore rehabilitation, landscape plans, acoustic performance of buildings, community title documents, BCA compliance

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Enivronmental Plan 2000 Sydney Regional Environmental Plan No 17 - Kurnell Peninsula

DATES OF HEARING: 5/06/2006 and 25/7/2006

DATE OF JUDGMENT: 07/25/2006

APPLICANT Mr J. Hannaford, solicitor of Hannafords Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr J. Reilly, solicitor and Ms C. Bracks, solicitor of Abbott Tout Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman

25 July 2006

11128 of 2003 Jefferson M. Robinson Associates Pty Ltd v Sutherland Shire Council

JUDGMENT 1 This is a S.96 application to amend a consent issued by the Court on 19 March 2004 consenting to the change of existing use of a caravan park for 80 sites including 33 permanent resident sites, at 228-294 Prince Charles Parade, Kurnell, to become a Community title subdivision permitting 15 new houses on 15 lots and retaining existing renovated motel units on 2 lots. One existing house is to be demolished to provide a driveway access.