Australand Holdings Ltd v Sutherland Shire Council [2005] NSWLEC 221

Land and Environment Court of New South Wales

CITATION : Australand Holdings Ltd v Sutherland Shire Council [2005] NSWLEC 221

APPLICANT Australand Holdings Ltd

PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10123-24 of 2000

CORAM: Hoffman C

KEY ISSUES: Development Consent :- Proposed business/industrial subdivision and conservation area

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 18/03/2005 and 15/04/2005

DATE OF JUDGMENT: 05/12/2005

APPLICANT Ms Pritchard, barrister Instructed by G P Cummins Solicitor

LEGAL REPRESENTATIVES:

RESPONDENT Mr Larkin, barrister Instructed by MatthewsFolbigg

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

12 May 2005

10123-24 of 2000 Australand Holdings Ltd v Sutherland Shire Council

JUDGMENT

1 This is a s 96 application to amend consents issued by the Court in appeals Nos. 10123 and 10124 of 2000, between Australand Holdings Limited and Sutherland Shire Council in regard to a proposed business/industrial subdivision and an area of conservation at Nos. 422-450 Captain Cook Drive, Kurnell Peninsula.

2 Appeal No. 10123 deals with the bulk earthworks and appeal No. 10124 deals with the subdivision.

3 The site has within it a State Heritage listed coastal sand dune that is a remnant of the topography existing on Kurnell Peninsula in colonial days. Also on the dune is some woodlands that are a remnant of the bush existing on the Peninsula in pre-colonial days before it was cleared for farming. The area of the site proposed for the business/industrial park had once been dune, but is now relatively flat after having been extensively excavated for construction sand.