Harbour Port Constructions Pty Ltd v Sutherland Shire Council [2005] NSWLEC 760

Harbour Port Constructions Pty Ltd v Sutherland Shire Council [2005] NSWLEC 760

The Court found, by consent of the parties, that the amended application satisfied the relevant planning controls, raised no unresolved objections, and would not have detrimental effects on the environmental or scenic qualities of the area; the appeal was therefore upheld and consent granted subject to agreed conditions.

Parties
Applicant: Harbour Port Constructions Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
20 December 2005
Procedural Posture
Development Application Appeal / Consent Judgment
Outcome
appeal upheld by consent
Legal Topics
Development Consent, Foreshore Building Line, Scenic Protection, Aquatic Ecology, Navigation Requirements
Planning Law Environmental Law Development Consent Foreshore Building Line Scenic Protection Aquatic Ecology Navigation Requirements

Case Brief

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Parties

Harbour Port Constructions Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Application Appeal / Consent Judgment

Legal Issues

  1. 1 Whether the proposed jetty, ramp, pontoon and fender piles below the foreshore building line should be granted development consent
  2. 2 Impact of the proposed development on scenic protection, aquatic ecology, and navigation requirements

Ratio Decidendi

The Court found, by consent of the parties, that the amended application satisfied the relevant planning controls, raised no unresolved objections, and would not have detrimental effects on the environmental or scenic qualities of the area; the appeal was therefore upheld and consent granted subject to agreed conditions.

Court Disposition

appeal upheld by consent

Orders

  • The appeal is upheld.
  • Development Application 050/0344 in respect of 36 Grosvenor Street, Cronulla, is granted subject to conditions in Annexure A, as annotated by the parties.