Azzi v Sutherland Shire Council [2018] NSWLEC 1655

Azzi v Sutherland Shire Council [2018] NSWLEC 1655

The development proposal as amended in Revision G plans satisfies the relevant planning controls for access, parking, streetscape, and amenity. The proposal is compatible with the objectives and provisions of the Sutherland Shire Local Environmental Plan 2015, and provides appropriate urban design, landscaping, and transitions to adjoining land uses. The appeal should be upheld and consent granted, subject to conditions. The amendments to the application were not minor and warrant a costs order in favour of the Council for costs thrown away as a result of the amendments.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Appeal Against Refusal of Development Application / Final Judgment Following Hearing
Outcome
Appeal upheld; development application approved subject to conditions; costs order made against applicant for thrown away costs due to amendments.
Legal Topics
['multi Dwelling Housing' 'basement Parking' 'streetscape' 'landscape' 'visual Character Compatibility' 'privacy']
['planning and Environment Law'] ['multi Dwelling Housing' 'basement Parking' 'streetscape' 'landscape' 'visual Character Compatibility' 'privacy']

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Procedural Posture

Appeal Against Refusal of Development Application / Final Judgment Following Hearing

Legal Issues

  1. 1 ['Whether the amended development proposal complies with planning controls relating to basement parking and streetscape landscaping' 'Whether the proposal is compatible with local visual character and amenity' 'Whether the proposal appropriately addresses privacy, noise, overshadowing, and excavation impacts']

Ratio Decidendi

The development proposal as amended in Revision G plans satisfies the relevant planning controls for access, parking, streetscape, and amenity. The proposal is compatible with the objectives and provisions of the Sutherland Shire Local Environmental Plan 2015, and provides appropriate urban design, landscaping, and transitions to adjoining land uses. The appeal should be upheld and consent granted, subject to conditions. The amendments to the application were not minor and warrant a costs order in favour of the Council for costs thrown away as a result of the amendments.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs order made against applicant for thrown away costs due to amendments.

Orders

  • ['Applicant granted leave to amend the development application and rely on amended plans referenced at Condition 1 Annexure A.' 'Appeal is upheld.' "Applicant to pay the Council's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) Environmental Planning...