Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1249

Harbour Port East Coast Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1249

The evidence demonstrated that the proposal is consistent with the planning framework, does not give rise to significant adverse visual, ecological or heritage impacts, and essential details of construction and impact mitigation are sufficiently clear to permit grant of consent, subject to amended conditions. The appeal is therefore upheld and consent granted.

Parties
Applicant: Harbour Port East Coast Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Development Appeal Class 1 / Final Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Visual Impact, Heritage Impact, Ecological Impact, Deferral of Essential Matters
Environmental Law Planning Law Development Application Visual Impact Heritage Impact Ecological Impact Deferral of Essential Matters

Case Brief

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Parties

Harbour Port East Coast Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal Class 1 / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the proposed development exceeds height controls
  2. 2 Whether the development causes unacceptable visual impact on the foreshore
  3. 3 Whether the development adversely impacts heritage significance of the sandstone cliff formation

Ratio Decidendi

The evidence demonstrated that the proposal is consistent with the planning framework, does not give rise to significant adverse visual, ecological or heritage impacts, and essential details of construction and impact mitigation are sufficiently clear to permit grant of consent, subject to amended conditions. The appeal is therefore upheld and consent granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA/21/1188 for access stairs, stair landing deck, jetty, ramp, pontoon and stabilisation piles at 44 Rutherford Avenue, Burraneer is determined by the grant of consent, subject to conditions of consent at Annexure A.