Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council (No 2) [2022] NSWLEC 1002

Duke Developments Australia 4 Pty Ltd v Sutherland Shire Council (No 2) [2022] NSWLEC 1002

The further amended plans and conditions of consent address the relevant issues and are consistent with the Court's earlier reasons; the modification is approved with specified corrections and conditions.

Jurisdiction
Australia
Judgment Date
06 January 2022
Procedural Posture
Development Appeal / Final Orders After Previous Reasons for Judgment
Outcome
Appeal upheld; development consent modified in accordance with annexed plans and conditions; exhibits to be returned to parties.
Legal Topics
['development Appeal' 'modification Application' 'substantially the Same Development' 'solar Impacts' 'view Impacts From Public Domain' 'merit Assessment']
['planning and Environment'] ['development Appeal' 'modification Application' 'substantially the Same Development' 'solar Impacts' 'view Impacts From Public Domain' 'merit Assessment']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Previous Reasons for Judgment

Legal Issues

  1. 1 ['Whether the proposed modification is substantially the same development as originally approved' 'Impacts of modifications on views from the public domain' 'Solar impacts on adjoining property' 'Consistency with reasons for original consent' 'Merit assessment of modified proposal']

Ratio Decidendi

The further amended plans and conditions of consent address the relevant issues and are consistent with the Court's earlier reasons; the modification is approved with specified corrections and conditions.

Court Disposition

Appeal upheld; development consent modified in accordance with annexed plans and conditions; exhibits to be returned to parties.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA18/1391 is modified in the terms in Annexure A.' 'Development Consent No. DA18/1391 as modified by the Court is Annexure B.' 'Exhibits B, D, E, F, G, H and J to be returned to the parties.']