Bundeena Nature Hub Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1010

Bundeena Nature Hub Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1010

All jurisdictional prerequisites for grant of consent have been satisfied; contentions have been resolved by changes to the proposal and conditions; the Court is satisfied that the agreed outcome is a decision it could properly make, so appeal is upheld and consent is granted subject to conditions.

Parties
Applicant: Bundeena Nature Hub Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
14 January 2025
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Land Use Zoning, Heritage, Coastal Management, Environmental Impact, Flooding, Bushfire, Building Standards
Planning and Environment Development Application Land Use Zoning Heritage Coastal Management Environmental Impact Flooding Bushfire +1 more

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Parties

Bundeena Nature Hub Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of residential dwellings at 11 Neil Street, Bundeena
  2. 2 Whether the proposal complies with applicable planning instruments, controls and standards including heritage and environment provisions
  3. 3 Whether the Court can uphold the appeal based on parties' agreement

Ratio Decidendi

All jurisdictional prerequisites for grant of consent have been satisfied; contentions have been resolved by changes to the proposal and conditions; the Court is satisfied that the agreed outcome is a decision it could properly make, so appeal is upheld and consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development Application No 23/0201 for demolition of existing structures and construction of a primary dwelling and secondary dwelling at No 11 Neil Street, Bundeena NSW 2230 is determined by grant of consent, subject to conditions in Annexure A.