Sancorp Property Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1184

Sancorp Property Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1184

Because the amended development application satisfied the relevant planning controls and jurisdictional prerequisites, there were no jurisdictional impediments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
06 April 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 21/1052 / Section 34 Conciliation Conference; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay the respondent $7,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 by 15 April 2022.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'multi Dwelling Housing' 'affordable Housing' 'grant of Development Consent']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'multi Dwelling Housing' 'affordable Housing' 'grant of Development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 21/1052 / Section 34 Conciliation Conference; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 21/1052, as amended, satisfied the relevant jurisdictional prerequisites and matters for consideration under s 4.15 of the Environmental Planning and Assessment Act 1979.' 'Whether consent could be granted to the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the amended development application satisfied the relevant planning controls and jurisdictional prerequisites, there were no jurisdictional impediments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay the respondent $7,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 by 15 April 2022.

Orders

  • ['The appeal is upheld.' 'Development application DA-21/1052 for the demolition of the existing dwelling house, outbuildings and swimming pool, tree removal and construction of 1 and 2 storey multi-dwelling housing comprising 9 dwellings including 2 affordable housing dwellings, basement carparking for 14 cars, and...