Wheeler v Sutherland Shire Council [2019] NSWLEC 1642

Wheeler v Sutherland Shire Council [2019] NSWLEC 1642

Consent to the proposed development is granted on the basis that, with the amended plans and agreed conditions, all relevant statutory requirements and planning controls—including those relating to environmental heritage, foreshore protection, and bushfire risk—are satisfied as required by legislation and policy.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Appeal (class 1, Development Application) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
['development Consent' 'heritage' 'environmental Planning Instruments' 'bushfire Protection' 'public Notification']
['planning and Environment Law'] ['development Consent' 'heritage' 'environmental Planning Instruments' 'bushfire Protection' 'public Notification']

Case Brief

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Procedural Posture

Appeal (class 1, Development Application) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for DA 17/1390 for construction including in-ground swimming pool, paved area, stairs, garden, and extension to verandah on heritage/foreshore land' 'Whether statutory and planning prerequisites are satisfied, including heritage and environmental controls']

Ratio Decidendi

Consent to the proposed development is granted on the basis that, with the amended plans and agreed conditions, all relevant statutory requirements and planning controls—including those relating to environmental heritage, foreshore protection, and bushfire risk—are satisfied as required by legislation and policy.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application No. DA17/1390 for the construction of an in-ground swimming pool, paved area, stairs and garden and an extension to the verandah of the existing dwelling at 7 Neil Street, Bundeena subject to the conditions in Annexure A.']