Noun v Sutherland Shire Council [2011] NSWLEC 1243

Noun v Sutherland Shire Council [2011] NSWLEC 1243

The deferred commencement condition requiring removal of the boatshed is reasonable and necessary under cl 18(3) of SSLEP 2006 to achieve the planning objectives for land below the foreshore building line, and the applicant's arguments do not outweigh this necessity. The requirement to remove fender piles is not justified based on the evidence provided regarding their safety function.

Jurisdiction
Australia
Judgment Date
17 August 2011
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted with deferred commencement condition 1 and other original conditions.
Legal Topics
['development Consent' 'foreshore Building Line' 'removal of Unauthorized Structures' 'statutory Planning Controls']
['environmental Law' 'planning Law'] ['development Consent' 'foreshore Building Line' 'removal of Unauthorized Structures' 'statutory Planning Controls']

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Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the deferred commencement condition requiring removal of the boatshed is lawful and appropriate' 'Whether proposed development warrants application of cl 18(3) of Sutherland Shire Local Environment Plan 2006' 'Whether the requirement to remove fender piles is justified']

Ratio Decidendi

The deferred commencement condition requiring removal of the boatshed is reasonable and necessary under cl 18(3) of SSLEP 2006 to achieve the planning objectives for land below the foreshore building line, and the applicant's arguments do not outweigh this necessity. The requirement to remove fender piles is not justified based on the evidence provided regarding their safety function.

Court Disposition

Appeal upheld; development consent granted with deferred commencement condition 1 and other original conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA 09/0685 subject to deferred commencement condition 1 and the other conditions originally imposed by the council on 21 September 2009.' 'An electronic version of the conditions is to be forwarded to the Court within 7 days of this judgment.' 'The exhibits...