Builtcom Developments President Square Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1147

Builtcom Developments President Square Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1147

The modification application, as amended during conciliation, satisfies the relevant requirements of the Environmental Planning and Assessment Act 1979, the Sutherland Shire Local Environmental Plan 2015 and associated State Environmental Planning Policies. All legislative and jurisdictional preconditions are met, and the agreed orders are within the power of the Court, warranting approval of the modification and associated orders.

Jurisdiction
Australia
Judgment Date
28 March 2024
Procedural Posture
Class 1 Modification Application / Post Conciliation Conference, Consent Orders
Outcome
Modification application approved and development consent modified by consent orders
Legal Topics
['development Consent Modification' 'local Environmental Plans' 'state Environmental Planning Policies' 'conciliation Conferences' 'jurisdictional Preconditions' 'building Height' 'floor Space Ratio' 'urban Design' 'traffic and Road Noise' 'stormwater Management']
['planning and Environment'] ['development Consent Modification' 'local Environmental Plans' 'state Environmental Planning Policies' 'conciliation Conferences' 'jurisdictional Preconditions' 'building Height' 'floor Space Ratio' 'urban Design' 'traffic and Road Noise' 'stormwater Management']

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Procedural Posture

Class 1 Modification Application / Post Conciliation Conference, Consent Orders

Legal Issues

  1. 1 ['Whether the modification application satisfies legislative and regulatory requirements for modification of development consent under the Environmental Planning and Assessment Act 1979 and associated instruments' 'Whether the proposed modifications are substantially the same as the development for which consent was originally granted' 'Whether relevant preconditions and objectives under the Sutherland Shire Local Environmental Plan 2015 are met' "Whether the amended application addresses the Council's contentions"]

Ratio Decidendi

The modification application, as amended during conciliation, satisfies the relevant requirements of the Environmental Planning and Assessment Act 1979, the Sutherland Shire Local Environmental Plan 2015 and associated State Environmental Planning Policies. All legislative and jurisdictional preconditions are met, and the agreed orders are within the power of the Court, warranting approval of the modification and associated orders.

Court Disposition

Modification application approved and development consent modified by consent orders

Orders

  • ['The modification application MA23/0154 is approved.' 'Development consent no. DA19/0333 is modified in the terms set out in Annexure A.' 'Development consent no. DA19/0333 as modified by the Court is Annexure B.' "The applicant will pay the Council's costs in the amount of $20,000 within 28 days."]