Mullane v Sutherland Shire Council [2020] NSWLEC 1075

Mullane v Sutherland Shire Council [2020] NSWLEC 1075

Because the amended development application, amended plans, supporting documents and agreed conditions resolved the relevant planning contentions and objector issues, complied with the applicable planning controls to the parties' satisfaction, and disclosed no jurisdictional impediment, the agreed decision to grant consent with conditions was one the Court could have made; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da18/1275 / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development application amended and approved subject to conditions of consent.
Legal Topics
['development Application' 'carport and Office/storage Space' 'ancillary Structure' 'conciliation Conference' 'section 34 Agreement' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application' 'carport and Office/storage Space' 'ancillary Structure' 'conciliation Conference' 'section 34 Agreement' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da18/1275 / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application and rely on amended plans.' "Whether the parties' agreed decision to uphold the appeal and grant consent with conditions was a decision the Court could have made in the proper exercise of its functions." 'Whether Development Application DA18/1275 satisfied the relevant requirements of s 4.15(1) of the Environmental Planning and Assessment Act 1979, the Sutherland Shire Local Environmental Plan 2015 and the Sutherland Shire Development Control Plan 2015.']

Ratio Decidendi

Because the amended development application, amended plans, supporting documents and agreed conditions resolved the relevant planning contentions and objector issues, complied with the applicable planning controls to the parties' satisfaction, and disclosed no jurisdictional impediment, the agreed decision to grant consent with conditions was one the Court could have made; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application amended and approved subject to conditions of consent.

Orders

  • ["The applicant is granted leave to amend the development application and to rely upon the amended plans set out in condition 3 of Annexure 'A'." 'The appeal is upheld.' "Development Application No DA18/1275 is determined by construction of a carport and home office/storage area and use of the hardstand area on lot...