Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2024] NSWLEC 1174

Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2024] NSWLEC 1174

The written request to vary the height standard adequately addresses the requirements of cl 4.6(3) of the Sutherland Shire Local Environmental Plan 2015, the development is consistent with the objectives of the height development standard and the R4 zone, complies with applicable planning controls including affordable housing and design standards, and does not raise planning concerns that would warrant refusal. Accordingly, the appeal is upheld and consent is granted subject to conditions by agreement.

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Class 1 Appeal (land and Environment Court) / Final Orders Following Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted on conditions; orders made on costs and variation of height standard.
Legal Topics
['development Consent' 'height Standard Variation' 'affordable Housing' 'subdivision' 'mixed Use Development' 'design Quality' 'infrastructure Impact' 'land Acquisition']
['planning Law' 'environmental Law' 'property Law'] ['development Consent' 'height Standard Variation' 'affordable Housing' 'subdivision' 'mixed Use Development' 'design Quality' 'infrastructure Impact' 'land Acquisition']

Case Brief

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Procedural Posture

Class 1 Appeal (land and Environment Court) / Final Orders Following Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether the amended Development Application satisfies relevant planning controls and policies' 'Whether variation to the maximum height standard under cl 4.3 SSLEP is justified' 'Whether the development complies with floor space ratio and other requirements' 'Whether public interest and objectives of the zone are met' 'Whether conditions and impacts (noise, stormwater, contamination, etc.) are adequately addressed']

Ratio Decidendi

The written request to vary the height standard adequately addresses the requirements of cl 4.6(3) of the Sutherland Shire Local Environmental Plan 2015, the development is consistent with the objectives of the height development standard and the R4 zone, complies with applicable planning controls including affordable housing and design standards, and does not raise planning concerns that would warrant refusal. Accordingly, the appeal is upheld and consent is granted subject to conditions by agreement.

Court Disposition

Appeal upheld; development consent granted on conditions; orders made on costs and variation of height standard.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away by the amendment of the Development Application, in the amount of $60,000 within 28 days." "The Applicant's written request to vary the height development standard in cl 4.3 of the SSLEP is upheld." 'The appeal is upheld.' 'Development Application No...