Platinum (Kirrawee) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1330
The Court upheld the appeal and granted conditional development consent after satisfying itself that all jurisdictional prerequisites under relevant planning instruments were met, as shown by the applicant’s amended plans and site investigation, and as agreed between the parties.
- Jurisdiction
- Australia
- Judgment Date
- 23 July 2019
- Procedural Posture
- Development Appeal / Final Orders Following Conciliation Conference
- Outcome
- Appeal upheld; conditional development consent granted
- Legal Topics
- ['development Consent' 'conciliation Conference' 'industrial Warehouse' 'remediation of Land']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Legal Issues
- 1 ['Whether jurisdictional prerequisites for development consent were satisfied under relevant environmental planning instruments' 'Whether amended development application should be approved']
Ratio Decidendi
The Court upheld the appeal and granted conditional development consent after satisfying itself that all jurisdictional prerequisites under relevant planning instruments were met, as shown by the applicant’s amended plans and site investigation, and as agreed between the parties.
Court Disposition
Appeal upheld; conditional development consent granted
Orders
- ['Applicant granted leave to amend development application in accordance with specific plans' "Applicant to pay Respondent's costs of $3,500 within 14 days" "Development Application No. DA18/0298 approved subject to conditions in Annexure 'A'"]
Full Case Text
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