MBC Property Australia Nominees Pty Ltd v Sutherland Shire Council [2018] NSWLEC 133

MBC Property Australia Nominees Pty Ltd v Sutherland Shire Council [2018] NSWLEC 133

Having considered the evidence relied upon by both parties, the Court was satisfied of the power and appropriateness of making the consent orders sought to resolve the deemed refusal proceedings.

Source-derived case information.

Parties
Applicant: MBC Property Australia Nominees Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Class 1 Appeal / Final Orders Consented
Outcome
Appeal upheld; development consent granted subject to agreed conditions; costs order against applicant.
Legal Topics
Development Consent, Deemed Refusal Appeal, Discretion for Consent Orders
Planning and Environment Development Consent Deemed Refusal Appeal Discretion for Consent Orders

Source-derived case record

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Parties

MBC Property Australia Nominees Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Consented

Legal Issues

  1. 1 Whether the Court should exercise discretion to make consent orders in Class 1 appeal against deemed refusal of a development application

Ratio Decidendi

Having considered the evidence relied upon by both parties, the Court was satisfied of the power and appropriateness of making the consent orders sought to resolve the deemed refusal proceedings.

Court Disposition

Appeal upheld; development consent granted subject to agreed conditions; costs order against applicant.

Orders

  • Applicant granted leave to rely upon amended plans and reports listed.
  • Appeal is upheld.