Build Genius Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1211

Build Genius Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1211

The orders were made as the jurisdictional requirements for grant of consent were satisfied by the amended plans and supporting documents, and because the agreement between the parties was one that the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Build Genius Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Development Appeal (class 1) / Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered against applicant
Legal Topics
Development Application Appeal, Deemed Refusal, Conciliation Conference, Townhouse Development
Planning and Environment Development Application Appeal Deemed Refusal Conciliation Conference Townhouse Development

Case Brief

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Parties

Build Genius Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal (class 1) / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development complies with the relevant planning instruments and controls
  2. 2 Whether the jurisdictional prerequisites on grant of consent have been met

Ratio Decidendi

The orders were made as the jurisdictional requirements for grant of consent were satisfied by the amended plans and supporting documents, and because the agreement between the parties was one that the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered against applicant

Orders

  • The Applicant is given leave to amend the development application and rely upon the plans contained at condition 1 to Annexure A.
  • The applicant is to pay the respondent's costs pursuant to s 8.15(3) in the agreed amount of $6,700.