Sjarif v Sutherland Shire Council [2022] NSWLEC 1380

Sjarif v Sutherland Shire Council [2022] NSWLEC 1380

The applicant and respondent reached an agreement on amended plans and conditions, resolving all contentions. The statutory and jurisdictional prerequisites were met, and the Court is satisfied that the agreed decision is one that could properly be made. Accordingly, consent is granted to the amended development application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
18 July 2022
Procedural Posture
Appeal / Judgment and Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs under s 8.15(3) of the EPA Act as agreed or assessed.
Legal Topics
['development Application' 'shop Top Housing' 'consent Conditions' 'amended Plans' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'shop Top Housing' 'consent Conditions' 'amended Plans' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal / Judgment and Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to the amended development application for shop top housing including retail and apartments' 'Whether jurisdictional and statutory prerequisites for consent have been met' 'Whether conditions of consent satisfactorily address planning requirements']

Ratio Decidendi

The applicant and respondent reached an agreement on amended plans and conditions, resolving all contentions. The statutory and jurisdictional prerequisites were met, and the Court is satisfied that the agreed decision is one that could properly be made. Accordingly, consent is granted to the amended development application subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs under s 8.15(3) of the EPA Act as agreed or assessed.

Orders

  • ["The Applicant is granted leave to amend Development Application No. DA20/1132 and rely upon the amended plans and documents referred to at Condition 1 to Annexure 'A'." "The applicant is to pay the respondent's section 8.15(3) costs as agreed or as assessed." 'The appeal is upheld.' "Consent is granted to...