Krivohlavy v Sutherland Shire Council [2023] NSWLEC 1373

Krivohlavy v Sutherland Shire Council [2023] NSWLEC 1373

Because the parties reached agreement at the s 34AA conciliation conference and the Commissioner was satisfied that granting consent to the amended development application, subject to conditions, was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement and development consent was granted.

Jurisdiction
Australia
Judgment Date
17 July 2023
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da22/1003 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['alterations and Additions to Existing Dwelling' 'conciliation Conference' 'amended Development Application' 'coastal Use Area' 'flood Planning' 'stormwater Management' 'foreshore Area' 'heritage Listed Dwelling']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['alterations and Additions to Existing Dwelling' 'conciliation Conference' 'amended Development Application' 'coastal Use Area' 'flood Planning' 'stormwater Management' 'foreshore Area' 'heritage Listed Dwelling']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da22/1003 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended development application in accordance with the agreement reached at the conciliation conference.' 'Whether the amended development application satisfied relevant statutory planning controls, including coastal, contamination, BASIX, zoning, heritage, flood planning, stormwater, foreshore and urban design controls.']

Ratio Decidendi

Because the parties reached agreement at the s 34AA conciliation conference and the Commissioner was satisfied that granting consent to the amended development application, subject to conditions, was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement and development consent was granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application number DA22/1003, seeking consent for alterations and additions to existing double storey heritage listed dwelling and ancillary items at Lot 83 in Deposited Plan 5989, known as 201 Prince Edward Park Road, Woronora NSW 2232, subject...