Orangeville Trust Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1477

Orangeville Trust Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1477

The Court held that the amended development now satisfies all relevant planning controls and statutory requirements, and that, following the parties' agreement at conciliation, all jurisdictional prerequisites were met for the Court to dispose of the appeal by granting consent, as agreed under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1 Proceeding) / Post Conciliation Conference Orders; Appeal Determination
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away by amendment.
Legal Topics
['development Application' 'boarding House Approval' 'section 34 Conciliation Agreement' 'local Environmental Plan' 'affordable Rental Housing']
['planning and Environment Law'] ['development Application' 'boarding House Approval' 'section 34 Conciliation Agreement' 'local Environmental Plan' 'affordable Rental Housing']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1 Proceeding) / Post Conciliation Conference Orders; Appeal Determination

Legal Issues

  1. 1 ['Whether development is permissible and compliant with Sutherland Local Environmental Plan 2015' 'Whether the amended development satisfies State Environmental Planning Policies, including Affordable Rental Housing, BASIX, and Remediation of Land' 'Whether the jurisdictional prerequisites for granting consent under the relevant statutes are satisfied']

Ratio Decidendi

The Court held that the amended development now satisfies all relevant planning controls and statutory requirements, and that, following the parties' agreement at conciliation, all jurisdictional prerequisites were met for the Court to dispose of the appeal by granting consent, as agreed under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away by amendment.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1.' "The applicant is to pay the respondent's costs thrown away as a result of amended plans pursuant to s 8.15(3) as agreed or as assessed." 'Appeal upheld.' "Development Application DA 18/0407 for demolition...