Kerstin Thompson Architects Pty Ltd trading as Kerstin Thompson Architects v Sutherland Shire Council [2022] NSWLEC 1432

Kerstin Thompson Architects Pty Ltd trading as Kerstin Thompson Architects v Sutherland Shire Council [2022] NSWLEC 1432

The appeal is upheld and the development application for change of use is approved as the agreement satisfies the Court's statutory functions under s 34(3) of the Land and Environment Court Act 1979, all required considerations under the EPA Act and relevant planning instruments have been addressed.

Parties
Applicant: Kerstin Thompson Architects Pty Ltd trading as Kerstin Thompson Architects; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Change of Use, Appeal, Agreement Between Parties
Planning and Environment Development Application Change of Use Appeal Agreement Between Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Kerstin Thompson Architects Pty Ltd trading as Kerstin Thompson Architects

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation

Legal Issues

  1. 1 Whether development application for change of use from dual occupancy to single dwelling should be approved

Ratio Decidendi

The appeal is upheld and the development application for change of use is approved as the agreement satisfies the Court's statutory functions under s 34(3) of the Land and Environment Court Act 1979, all required considerations under the EPA Act and relevant planning instruments have been addressed.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld
  • Development Application No. DA22/0151, for the change of use from a dual occupancy to a single dwelling at 9-10 The Esplanade, Cronulla is approved subject to the conditions in Annexure A