MBC Property Australia Nominees Pty Ltd v Sutherland Shire Council [2018] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: MBC Property Australia Nominees Pty Ltd v Sutherland Shire Council [2018] NSWLEC 133 Hearing dates: 22 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Class 1 Before: Pepper J Decision: See orders at [7]. Catchwords: DEVELOPMENT CONSENT: exercise of discretion to make consent orders in Class 1 appeal against deemed refusal of a development application – consent orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15(3) Category: Principal judgment Parties: MBC Property Australia Nominees Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr C McFadzean (Applicant) Ms J Amy (Respondent)

Solicitors: Swaab Attorneys (Applicant) Sutherland Shire Council (Respondent) File Number(s): 2017/351673 Publication restriction: N/A

Judgment

Consent Orders Made to Resolve Class 1 Proceedings 1. This is a Class 1 appeal against the deemed refusal of DA 17/0418, for the demolition of existing structures and the construction of 13 three storey townhouses with ground level car parking and associated landscaping on Lots 5, 6 and 7 in DP 36423, known as 147-151 President Avenue Miranda ("the land"). 2. The matter has been resolved by consent orders drafted and filed by the parties in Court.

Evidence in Support of Consent Orders 1. The applicant, MBC Property Australia Nominees Pty Ltd, tendered in Court: 1. a statement of agreed facts, dated 20 August 2018; 2. email correspondence between Ms Janelle Amy and Mr Colin McFadzean, between 21 and 22 August 2018, resolving the remaining issues in dispute and suggesting draft consent orders; 3. a statutory compliance report prepared by DPC for the land, dated 17 August 2018; 4. a solar access analysis report prepared by SLR Consulting Australia Pty Ltd for the land, dated August 2018; 5. Basix Certificate No. 798965M_03 prepared by Gradwell Consulting, dated 20 August 2018; 6. a joint expert report on stormwater filed on 20 August 2018; 7. a joint expert report on access filed on 15 August 2018; 8. a joint expert report on town planning filed on 15 August 2018; 9. a supplementary joint expert town planning report filed on 21 August 2018; 10. the development application for the land dated 21 November 2017; and 11. attached plans in support of the development application. 1. The respondent, Sutherland Shire Council, tendered the following evidence in support of the consent orders: 1. an amended statement of facts and contentions, dated 7 August 2018; and 2. the development consent conditions, with an attached tree protection plan, dated 6 August 2018, and an attached landscape plan, dated 16 August 2018. 1. No objectors were present.