Leavers v Sutherland Shire Council [2020] NSWLEC 1678

Leavers v Sutherland Shire Council [2020] NSWLEC 1678

Because the parties reached agreement at the conciliation conference and the Commissioner was satisfied that the jurisdictional preconditions were met, including permissibility of the dwelling house use in the R2 Low Density Residential zone, compliance with applicable development standards, provision of a BASIX Certificate, and consideration of contamination under SEPP No 55, the Court could grant development consent subject to conditions and was required to dispose of the proceedings in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
22 December 2020
Procedural Posture
Class 1 Appeal Concerning a Development Application / Conciliation Conference; Agreement Reached Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'dwelling House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Preconditions']
['planning and Environment' 'development Consent'] ['development Application' 'dwelling House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Preconditions']

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Conciliation Conference; Agreement Reached Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could make orders granting development consent to the amended application subject to conditions in the proper exercise of its functions.' 'Whether the jurisdictional preconditions identified by the parties were met.']

Ratio Decidendi

Because the parties reached agreement at the conciliation conference and the Commissioner was satisfied that the jurisdictional preconditions were met, including permissibility of the dwelling house use in the R2 Low Density Residential zone, compliance with applicable development standards, provision of a BASIX Certificate, and consideration of contamination under SEPP No 55, the Court could grant development consent subject to conditions and was required to dispose of the proceedings in accordance with the agreed decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application No DA19/0922 for the demolition of existing structures and construction of a dwelling with swimming pool and outdoor spa on Lot 101 in Deposited Plan 585873, known as 36 Burraneer Bay Road, Cronulla, subject to the conditions of...