Following a successful conciliation, the NSW Land and Environment Court has approved a development application for a home in Kirrawee, overturning Sutherland Shire Council’s initial refusal.
The Project: The application sought consent for construction of a detached double garage with a green trafficable roof, landscaping and front fencing within the boundary setback of the property. The site, on a corner block in the street, had previously been subject to unauthorised excavation and construction work.
The Journey to Approval: After Council refused the DA in May 2025, the applicant engaged Harriss Jones Lawyers and appealed to the Court. The matter was directed to a mandatory conciliation conference—a facilitated negotiation process. During an initial site visit, three local residents spoke in favour of the proposal.
Following this, the applicant and Council reached an in-principle agreement, contingent on amendments to the plans. Revised architectural and landscape plans, along with supporting reports, were submitted to address the Council’s concerns.
The agreement was in large part a success because of the attendance of both the client’s architect and town planner who were able to address planning issues in real-time and update architectural plans during the conciliation process. This ability to see the amendments proposed by either party in real time was a key factor in securing development consent in a short time frame.
Key Issues & How They Were Resolved:
The Commissioner, in approving the parties’ agreement, was satisfied the amended proposal met key planning controls, including:
Zoning & Character: Compliance with the low-density residential zone objectives, with the design adding tiered landscaping that responds to the sloping site.
Environmental Controls: Meeting earthwork, stormwater, and landscape area requirements. The green roof, rainwater tank, and stormwater reuse system were noted as mitigating environmental impacts.
Bushfire Safety: The site is bushfire-prone, and conditions were imposed to ensure the build meets the necessary protection standards.
Water Quality: As the site is within the Georges River Catchment, the stormwater management measures were found to suitably protect water quality.
Traffic & Streetscape: An expert assessment confirmed adequate sight lines, and the agreed removal of an old kerb crossing will provide additional on-street parking.
The Outcome: The Court upheld the appeal and granted conditional consent to the development, based on the amended plans agreed to by both parties. The Commissioner’s role was to ensure the agreed outcome was legally permissible, not to reassess the merits of the original dispute.
This case highlights how the conciliation process in the Land and Environment Court can provide a pathway for residents and councils to collaboratively resolve development disputes and achieve workable outcomes.
If you’re struggling obtaining development consent for your dream home, get in touch with us to see how we can help you take advantage of the conciliation process with your local council.
Case Reference: Mattern v Sutherland Shire Council [2025] NSWLEC 1872
