Eskaroos v Sutherland Shire Council [2025] NSWLEC 1086

Eskaroos v Sutherland Shire Council [2025] NSWLEC 1086

The procedural and jurisdictional prerequisites identified under the relevant planning statutes and instruments were satisfied according to the expert evidence and joint agreement, so the Court was required to give effect to the parties' agreement by upholding the appeal and granting conditional development consent to the jetty and sea stairs proposal.

Parties
Applicant: Samuel Eskaroos; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Development Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Consent, Jetty, Sea Stairs, Conciliation Conference, Class 1 Appeal
Planning and Environment Development Consent Jetty Sea Stairs Conciliation Conference Class 1 Appeal

Case Brief

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Parties

Samuel Eskaroos

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the Development Application for construction of a jetty and sea stairs should be granted development consent
  2. 2 Whether jurisdictional prerequisites under relevant environmental planning instruments are satisfied

Ratio Decidendi

The procedural and jurisdictional prerequisites identified under the relevant planning statutes and instruments were satisfied according to the expert evidence and joint agreement, so the Court was required to give effect to the parties' agreement by upholding the appeal and granting conditional development consent to the jetty and sea stairs proposal.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No DA23/0568 for the construction of a jetty and sea stairs at 93-95 Kangaroo Point Road, Kangaroo Point is granted development consent subject to the conditions in Annexure A.