Platinum (Kirrawee) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1330

Land and Environment Court New South Wales

Medium Neutral Citation: Platinum (Kirrawee) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1330 Hearing dates: Conciliation conference on 30 May 2019; 7 June 2019; 27 June 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend their development application in accordance with the plans referred to in condition 2 of Annexure 'A'. (2) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) in the agreed amount of $3,500 within 14 days from the date of this order. (3) The appeal is upheld (4) Development Application No. DA18/0298 for the demolition of existing industrial complex and construction of new light industrial/warehousing premises or distribution centre; and self-storage facility; external wall signage; tenancy signage; and strata subdivision at 459 The Boulevarde, Kirrawee is approved subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – conciliation conference –industrial warehouse – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Platinum (Kirrawee) Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Solicitors: D Baird, Baird Lawyers (Applicant) J Amy, Sutherland shire Council (Respondent) File Number(s): 2018/309915 Publication restriction: No