Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1087

Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1087

Because the parties reached agreement at the s 34 conciliation conference and, on the Council's jurisdictional and assessment material and in the absence of contrary evidence, the Commissioner was satisfied that the proposal was permissible, had owner's consent, met the relevant LEP and Coastal Management SEPP requirements, and was designed, sited and would be managed to avoid significant adverse environmental impact, the Court could properly grant consent and was required to dispose of the proceedings in accordance with the parties' agreed decision.

Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 19/0851 / Orders Following S 34 Conciliation Conference Held on 28 January 2021
Outcome
The appeal is upheld and development consent is granted, subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'mooring Pen' 'crown Land Below Mean High Water Mark' 'conciliation Conference' 'jurisdictional Prerequisites' 'coastal Management' 'environmentally Sensitive Land']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'mooring Pen' 'crown Land Below Mean High Water Mark' 'conciliation Conference' 'jurisdictional Prerequisites' 'coastal Management' 'environmentally Sensitive Land']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 19/0851 / Orders Following S 34 Conciliation Conference Held on 28 January 2021

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at the conciliation conference under s 34 of the Land and Environment Court Act 1979." 'Whether the Court could properly exercise the function under s 4.16 of the Environmental Planning and Assessment Act 1979 to grant development consent to Development Application No. 19/0851.' 'Whether the jurisdictional prerequisites under the Environmental Planning and Assessment Regulation 2000, Sutherland Shire Local Environmental Plan 2015 and State Environmental Planning Policy (Coastal Management) 2018 were satisfied.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and, on the Council's jurisdictional and assessment material and in the absence of contrary evidence, the Commissioner was satisfied that the proposal was permissible, had owner's consent, met the relevant LEP and Coastal Management SEPP requirements, and was designed, sited and would be managed to avoid significant adverse environmental impact, the Court could properly grant consent and was required to dispose of the proceedings in accordance with the parties' agreed decision.

Court Disposition

The appeal is upheld and development consent is granted, subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No. 19/0851 for the construction of a mooring pen with four piles on Crown Land below Mean High Water Mark, fronting Lot 1 in Deposited Plan 806009, known as 250A Woolooware Road, Burraneer, 2230, subject to the conditions of consent...