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

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

Having considered the documents, oral evidence, written submissions and agreed amendments, the Court found no reason sufficient to refuse the orders sought by the parties. The appeals were therefore upheld and modified deferred commencement consents were granted for the bulk earthworks and subdivision, subject to the annexed conditions.

Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
S 96 Application to Amend Development Consents / Consent Orders on Modification Appeals
Outcome
Appeals upheld; modified deferred commencement consents granted by consent; no orders as to costs.
Legal Topics
['development Consent Modification' 'bulk Earthworks' 'industrial/business Subdivision' 'deferred Commencement Consent' 'management Plans' 'conservation Area' 'green and Golden Bell Frog Habitat' 'sydney Freshwater Wetlands' 'groundwater Monitoring']
['environmental and Planning Law'] ['development Consent Modification' 'bulk Earthworks' 'industrial/business Subdivision' 'deferred Commencement Consent' 'management Plans' 'conservation Area' 'green and Golden Bell Frog Habitat' 'sydney Freshwater Wetlands' 'groundwater Monitoring']

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Procedural Posture

S 96 Application to Amend Development Consents / Consent Orders on Modification Appeals

Legal Issues

  1. 1 ["Whether the Court should grant the parties' consent orders modifying the development consent for bulk earthworks on lot 113 DP 777967, known as 422-450 Captain Cook Drive, Kurnell." "Whether the Court should grant the parties' consent orders modifying the development consent for subdivision as an industrial/business park on lot 113 DP 777967, known as 422-450 Captain Cook Drive, Kurnell." 'Whether the amended Management Plans and conditions sufficiently addressed environmental protection issues including Green and Golden Bell-frog habitat, Sydney Freshwater Wetlands, fencing, pond relocation, contamination trigger densities and groundwater monitoring.']

Ratio Decidendi

Having considered the documents, oral evidence, written submissions and agreed amendments, the Court found no reason sufficient to refuse the orders sought by the parties. The appeals were therefore upheld and modified deferred commencement consents were granted for the bulk earthworks and subdivision, subject to the annexed conditions.

Court Disposition

Appeals upheld; modified deferred commencement consents granted by consent; no orders as to costs.

Orders

  • ['The appeals are upheld.' "Appeal No. 10123 of 2000 for modification to the development consent for bulk earthworks on lot 113 DP 777967, known as 422-450 Captain Cook Drive, Kurnell, is determined by the granting of modified deferred commencement consent subject to the conditions in Annexure 'A' hereto." "Appeal...