Design Link Australia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1433

Design Link Australia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1433

The appeal is upheld and development consent is granted because the parties' agreement complies with planning legislation and standards, is permissible on the site, responds to submissions, and the decision is one the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Design Link Australia Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Appeal / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to amended plans and conditions; applicant to pay respondent's thrown away costs.
Legal Topics
Development Application Appeal, Conciliation Conference, Boarding House Approval
Environmental Planning Local Government Law Development Application Appeal Conciliation Conference Boarding House Approval

Case Brief

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Parties

Design Link Australia Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether development application should be approved subject to conditions
  2. 2 Whether amended application responds to concerns raised by local residents
  3. 3 Whether the proposal complies with relevant planning instruments

Ratio Decidendi

The appeal is upheld and development consent is granted because the parties' agreement complies with planning legislation and standards, is permissible on the site, responds to submissions, and the decision is one the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to amended plans and conditions; applicant to pay respondent's thrown away costs.

Orders

  • The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure 'A'.
  • The applicant is to pay the respondent's costs thrown away for the agreed amount of $3,000 as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the date of these Orders.