Stoukalo v Sutherland Shire Council [2023] NSWLEC 1558

Stoukalo v Sutherland Shire Council [2023] NSWLEC 1558

The appeal is upheld and development consent is granted as the parties' agreement satisfies relevant statutory and planning controls, and the decision is one the Court could have made in the exercise of its functions.

Parties
Applicant: E Stoukalo (also known as John Stoukalo); Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
26 September 2023
Procedural Posture
Appeal / Final Orders After Conciliation
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Conciliation Conference, Development Consent
Planning and Environment Development Application Conciliation Conference Development Consent

Case Brief

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Parties

E Stoukalo (also known as John Stoukalo)

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation

Legal Issues

  1. 1 Whether the refusal of Development Application DA22/0376 should be upheld or overturned
  2. 2 Whether amended plans satisfy relevant statutory and planning requirements
  3. 3 Whether jurisdictional prerequisites for consent are met

Ratio Decidendi

The appeal is upheld and development consent is granted as the parties' agreement satisfies relevant statutory and planning controls, and the decision is one the Court could have made in the exercise of its functions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA22/0376 for construction of a rainwater tank under the driveway, a deck in the rear yard with storage underneath at 109 Auburn Street, Sutherland, being the whole of the land in Lot 1 Deposited Plan 571603, subject to conditions in Annexure A.