Platinum (Kirrawee) Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1330

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

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Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

  1. 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'"]