Cronulla Golf Club v Sutherland Shire Council [2023] NSWLEC 1721

Cronulla Golf Club v Sutherland Shire Council [2023] NSWLEC 1721

The appeal is upheld and development consent granted as parties have agreed, jurisdictional requirements have been satisfied, all planning provisions and objections have been adequately addressed, and the Court is required to dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Development Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development consent granted subject to conditions
Legal Topics
['development Application' 'recreational Facility' 'conciliation Conference' 'heritage Conservation' 'environmental Planning']
['planning and Environment'] ['development Application' 'recreational Facility' 'conciliation Conference' 'heritage Conservation' 'environmental Planning']

Case Brief

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Procedural Posture

Development Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether amended development application DA22/1015 should be granted consent' 'Compliance with local environmental plan provisions' 'Consideration of objections and jurisdictional prerequisites']

Ratio Decidendi

The appeal is upheld and development consent granted as parties have agreed, jurisdictional requirements have been satisfied, all planning provisions and objections have been adequately addressed, and the Court is required to dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld and development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development application number DA22/1015, as amended, for alterations and additions to the existing club house and construction of a two storey building for storage and as a members facility at 19-27 Hume Road Cronulla (lots 1 and 2 in DP 1001050), is determined by the grant of development...