Nader v Sutherland Shire Council [2026] NSWLEC 1208
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders
Catchwords
DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application 24/0672 for demolition of existing structures, and construction of a 2-3 storey child care centre development accommodating a total of 47 children and on-site basement parking for 10 vehicles with associated landscaping and works at 9 Wilbung Road, Illawong legally described as Lot 26 in DP260229 subject to the conditions of consent in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.23 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 6.4, 6.14, 6.15, 6.16, 6.18
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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