McVeigh v Sutherland Shire Council [2025] NSWLEC 1006

McVeigh v Sutherland Shire Council [2025] NSWLEC 1006

The appeal is upheld and consent is granted because the amended development application complies with all applicable planning controls, environmental and urban design requirements, and all jurisdictional and statutory prerequisites. The agreement between the parties is a decision the Court could have made in the proper exercise of its functions under s34(3) of the LEC Act.

Parties
Applicant: Andrew Benjamin McVeigh; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
08 January 2025
Procedural Posture
Class 1 Appeal (development Application) / Post Conciliation Conference; Final Orders by Agreement
Outcome
Appeal upheld; development consent granted (conditional)
Legal Topics
Development Application, Attached Dual Occupancy, Strata Subdivision, Tree Removal, Local Environmental Plans, SEPP Compliance
Environmental Law Planning Law Development Application Attached Dual Occupancy Strata Subdivision Tree Removal Local Environmental Plans SEPP Compliance

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Andrew Benjamin McVeigh

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Post Conciliation Conference; Final Orders by Agreement

Legal Issues

  1. 1 Whether the development application complies with relevant planning laws and controls
  2. 2 Whether the site area and proposal meet C4 Environmental Living zone objectives under the SSLEP 2015
  3. 3 Whether dual occupancy and strata subdivision are permitted and meet minimum lot size

Ratio Decidendi

The appeal is upheld and consent is granted because the amended development application complies with all applicable planning controls, environmental and urban design requirements, and all jurisdictional and statutory prerequisites. The agreement between the parties is a decision the Court could have made in the proper exercise of its functions under s34(3) of the LEC Act.

Court Disposition

Appeal upheld; development consent granted (conditional)

Orders

  • The appeal is upheld.
  • Development application No. DA24/0255 for the demolition of existing structures, tree removal, construction of an attached dual occupancy and two in-ground swimming pools, and strata subdivision at 119 Taren Road, Caringbah South NSW 2229 (legally known as Lot 4 DP 387885), is determined by grant of consent, subject...