Kellner v Sutherland Shire Council [2021] NSWLEC 1516

Kellner v Sutherland Shire Council [2021] NSWLEC 1516

The Court upheld the appeal and granted development consent as the agreement between the parties was one the Court could have properly made, jurisdictional requirements were satisfied, and there were no impediments to making the orders.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Appeal / Disposal Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'multi Dwelling Housing' 'conciliation' 'development Consent']
['planning and Environment'] ['development Application' 'multi Dwelling Housing' 'conciliation' 'development Consent']

Case Brief

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Procedural Posture

Appeal / Disposal Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application for multi-dwelling housing meets relevant statutory requirements' 'Jurisdiction of the Court to grant development consent pursuant to agreement under s 34 of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court upheld the appeal and granted development consent as the agreement between the parties was one the Court could have properly made, jurisdictional requirements were satisfied, and there were no impediments to making the orders.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Court notes Respondent agrees to amended development application and related material' 'Court notes amended development application lodged on Planning Portal on 13 August 2021' 'Court notes amended development application filed with Court on 23 August 2021' "Applicant is to pay Respondent's costs thrown away as a...