868 Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1556

868 Architects Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1556

Because the amended development application and agreed conditions resolved the Council's contentions and resident issues, satisfied the relevant planning controls, and there were no known jurisdictional impediments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to uphold the appeal and grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
23 September 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da20/1093 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA20/1093 approved subject to conditions at Annexure A.
Legal Topics
['development Application' 'residential Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'demolition of Existing Structures' 'swimming Pool' 'basix' 'coastal Management' 'remediation of Land' 'amenity Impacts' 'view Loss']
['planning and Environment Law'] ['development Application' 'residential Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'demolition of Existing Structures' 'swimming Pool' 'basix' 'coastal Management' 'remediation of Land' 'amenity Impacts' 'view Loss']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da20/1093 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA20/1093, as amended, should be approved subject to conditions under ss 4.15 and 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the amended proposed development satisfied relevant planning controls, including SEPP 55, SEPP BASIX, State Environmental Planning Policy (Coastal Management) 2018, Sutherland Shire Local Environmental Plan 2015 and Sutherland Shire Development Control Plan 2015.']

Ratio Decidendi

Because the amended development application and agreed conditions resolved the Council's contentions and resident issues, satisfied the relevant planning controls, and there were no known jurisdictional impediments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to uphold the appeal and grant consent subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA20/1093 approved subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA20/1093 for the demolition of existing structures and construction of a two-storey dwelling and swimming pool at 17 Murray Island, Sylvania Waters, is approved subject to the conditions at Annexure A.']