Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2021] NSWLEC 1158

Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2021] NSWLEC 1158

Because the parties reached agreement, the amended proposal satisfied the relevant jurisdictional requirements and planning controls, addressed the Respondent's contentions, and was found to be in the public interest, the Court could properly make the agreed orders granting leave to amend the application, upholding the appeal, and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
30 March 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 20/0154 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'boarding House' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 20/0154 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application satisfied the jurisdictional prerequisites and relevant environmental planning controls for the grant of development consent.' 'Whether the amended boarding house proposal was compatible with the character of the local area and in the public interest.']

Ratio Decidendi

Because the parties reached agreement, the amended proposal satisfied the relevant jurisdictional requirements and planning controls, addressed the Respondent's contentions, and was found to be in the public interest, the Court could properly make the agreed orders granting leave to amend the application, upholding the appeal, and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The applicant is granted leave to amend the development application and rely upon the plans in the proceedings referred to at Condition 1 in Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 agreed in the amount of...