Grant v Sutherland Shire Council [2024] NSWLEC 1588

Grant v Sutherland Shire Council [2024] NSWLEC 1588

The Court upheld the appeal and granted consent to the amended development application based on compliance with all relevant statutory and planning requirements, and the agreement between the parties at the conciliation conference.

Parties
Applicant: Adam Grant; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
24 September 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted to amended application
Legal Topics
Development Application, Amendment of Approved Development, Conciliation Conference, Grant of Consent
Planning Law Development Application Amendment of Approved Development Conciliation Conference Grant of Consent

Case Brief

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Parties

Adam Grant

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the amended development application should be granted consent under the relevant planning controls
  2. 2 Whether the proposal complies with minimum lot size, height, floor space ratio, and other standards of Sutherland Shire Local Environmental Plan 2015

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended development application based on compliance with all relevant statutory and planning requirements, and the agreement between the parties at the conciliation conference.

Court Disposition

Appeal upheld; development consent granted to amended application

Orders

  • The appeal is upheld.
  • Development Application No. 24/0054 to amend Development Consent No. 21/1269 is determined by the grant of consent, subject to the conditions at Annexure A.