Grand Platinum Developments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1213

Grand Platinum Developments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1213

The amended plans and landscape plan satisfied the relevant provisions and objectives of the Sutherland Shire Local Environmental Plan 2015, including cl 6.16(1) and cl 6.14, so the jurisdictional prerequisites to consent were addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application Da18/0257 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Filing of a Signed S 34(10) Agreement
Outcome
Appeal upheld; Development Application DA18/0257 approved subject to conditions in Annexure A.
Legal Topics
['deemed Refusal' 'conciliation Conference' 'townhouse Development' 'development Consent' 'agreement Between the Parties']
['planning and Environment Law' 'development Appeals'] ['deemed Refusal' 'conciliation Conference' 'townhouse Development' 'development Consent' 'agreement Between the Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application Da18/0257 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Filing of a Signed S 34(10) Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 amended plans and landscape plan satisfied relevant requirements of the Sutherland Shire Local Environmental Plan 2015 for the proposed multi-dwelling housing development']

Ratio Decidendi

The amended plans and landscape plan satisfied the relevant provisions and objectives of the Sutherland Shire Local Environmental Plan 2015, including cl 6.16(1) and cl 6.14, so the jurisdictional prerequisites to consent were addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application DA18/0257 approved subject to conditions in Annexure A.

Orders

  • ['The applicant is given leave to amend the development application and rely upon the plans contained at Condition 2 to Annexure A.' "The applicant is to pay the respondent's costs pursuant to s 8.15(3) in the agreed amount of $5,800." 'The appeal is upheld.' 'Development Application DA18/0257 seeking approval for...