Sooch v Sutherland Shire Council [2026] NSWLEC 1367
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No 25/0324 (the DA) for the demolition of existing structures, and construction of a centre-based child care facility for 36 children on land legally described as Lot 1, DP 30079, and known as 502 Box Road, Jannali, NSW, 2226 (the site). The proposed child care centre comprises: a basement car parking level with 8 car parking spaces including on
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre-based child care facility — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicants are to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $15,000, and such amount is to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No 25/0324 as amended, for the demolition of existing structures and construction of a centre-based child care facility for 36 children on land legally described as Lot 1, DP 30079, known as 502 Box Road, Jannali, NSW, 2226, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), s 34 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26 Sutherland Shire Local Environmental Plan 2015, cll 2.1, 2.2, 2.3, 2.7, 4.3, 4.4, 6.2, 6.4, 6.14, 6.16, 6.18
Read the full judgment
Authoritative text on NSW Caselaw · ~17k words
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