Barker v Sutherland Shire Council [2024] NSWLEC 1421

Barker v Sutherland Shire Council [2024] NSWLEC 1421

Because the amended development application satisfied the identified jurisdictional prerequisites and relevant planning controls, and because the parties' agreed decision to grant consent subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
24 July 2024
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da23/0387 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and the Matter Did Not Proceed to a Hearing
Outcome
Appeal upheld; development application DA23/0387 determined by grant of consent subject to conditions at Annexure A.
Legal Topics
['development Application' 'class 1 Appeal' 'conciliation Conference' 'dwelling House' 'tree Removal' 'foreshore Area' 'coastal Environment Area' 'terrestrial Biodiversity' 'stormwater Management' 'basix']
['planning and Environment Law' 'development Consent'] ['development Application' 'class 1 Appeal' 'conciliation Conference' 'dwelling House' 'tree Removal' 'foreshore Area' 'coastal Environment Area' 'terrestrial Biodiversity' 'stormwater Management' 'basix']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da23/0387 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and the Matter Did Not Proceed to a Hearing

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent to DA23/0387, as amended, were satisfied.' 'Whether the amended development complied with relevant planning controls and environmental considerations, including height, floor space ratio, landscaped area, acid sulfate soils, stormwater, biodiversity, riparian land, foreshore area, coastal planning controls, contamination, vegetation clearing and BASIX requirements.']

Ratio Decidendi

Because the amended development application satisfied the identified jurisdictional prerequisites and relevant planning controls, and because the parties' agreed decision to grant consent subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application DA23/0387 determined by grant of consent subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application DA23/0387 for the demolition of existing structures, tree removal, construction of a two-storey detached dwelling house with swimming pool and associated landscaping works at 30 Verona Range, Como, is determined by the grant of consent subject to the conditions at...