Kouzi v Sutherland Shire Council [2022] NSWLEC 1463

Kouzi v Sutherland Shire Council [2022] NSWLEC 1463

The Court, having been satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision is one it could have made in the proper exercise of its functions, upheld the appeal and granted consent to the amended development application for a childcare centre, subject to conditions and variation of a restrictive covenant, costs agreed.

Parties
Applicant: Mitri Kouzi; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
05 September 2022
Procedural Posture
Class 1 Appeal / Orders Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld and consent granted subject to conditions.
Legal Topics
Development Application, Child Care Centre, Covenant Variation, Appeal Against Deemed Refusal
Environmental Law Planning Law Development Application Child Care Centre Covenant Variation Appeal Against Deemed Refusal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mitri Kouzi

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Orders Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 Whether development application for childcare centre should be approved
  2. 2 Whether site is contaminated
  3. 3 Whether relevant planning instruments and guidelines have been satisfied

Ratio Decidendi

The Court, having been satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision is one it could have made in the proper exercise of its functions, upheld the appeal and granted consent to the amended development application for a childcare centre, subject to conditions and variation of a restrictive covenant, costs agreed.

Court Disposition

Appeal upheld and consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application (DA) No. 21/0485, as amended, is determined by way of the grant of consent subject to conditions in Annexure A.