McDermott Chiropractic Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1243

McDermott Chiropractic Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1243

The Court was satisfied the amended plans and agreement met all jurisdictional prerequisites and statutory planning controls. As the parties' agreement was within the Court's powers and proper exercise of jurisdiction, orders were made granting consent subject to conditions.

Parties
Applicant: McDermott Chiropractic Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
04 June 2020
Procedural Posture
Appeal (class 1, Development Application) / Final Orders After S 34 Conciliation Agreement
Outcome
Appeal upheld – development application approved subject to conditions and payment of costs
Legal Topics
Development Application, Multi Dwelling Housing, Court Approved Agreement, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Law Development Application Multi Dwelling Housing Court Approved Agreement Conciliation Conference Jurisdictional Prerequisites

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Parties

McDermott Chiropractic Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal (class 1, Development Application) / Final Orders After S 34 Conciliation Agreement

Legal Issues

  1. 1 Whether amended development application complies with relevant planning instruments and statutory requirements
  2. 2 Whether the Court has jurisdiction to approve development under s 4.16 of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The Court was satisfied the amended plans and agreement met all jurisdictional prerequisites and statutory planning controls. As the parties' agreement was within the Court's powers and proper exercise of jurisdiction, orders were made granting consent subject to conditions.

Court Disposition

Appeal upheld – development application approved subject to conditions and payment of costs

Orders

  • Leave is granted to the Applicant to rely upon the amended plans as referred to in condition 1 of Annexure 'A'.
  • The Applicant is to pay the respondent's costs thrown away for the purpose of s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $4,000.