Project Flow Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1167

Project Flow Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1167

The statutory prerequisites for granting development consent under the agreed conditions have been met and the parties’ decision is one the Court could have made. The appeal is upheld and consent granted in accordance with the parties’ agreement.

Parties
Applicant: Project Flow Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
10 April 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs ordered as per agreement or assessment.
Legal Topics
Development Application, Conciliation Conference, Development Consent
Planning and Environment Development Application Conciliation Conference Development Consent

Case Brief

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Parties

Project Flow Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to DA23/0289 for demolition and construction of multi-dwelling housing and subdivision
  2. 2 Whether conditions for the exercise of the Court's function under s 34(3) of the Land and Environment Court Act 1979 are met
  3. 3 Compatibility of proposal with planning controls and objectives including Sutherland Shire Local Environmental Plan 2015 and Environmental Planning and Assessment Act 1979

Ratio Decidendi

The statutory prerequisites for granting development consent under the agreed conditions have been met and the parties’ decision is one the Court could have made. The appeal is upheld and consent granted in accordance with the parties’ agreement.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs ordered as per agreement or assessment.

Orders

  • The appeal is upheld.
  • Development consent is granted to development application DA23/0289 for multi-dwelling development and subdivision, subject to conditions at Annexure A.