Kennedy v Sutherland Shire Council [2020] NSWLEC 1564

Kennedy v Sutherland Shire Council [2020] NSWLEC 1564

The appeal is upheld and development consent is granted because the applicant's written request pursuant to clause 4.6 adequately establishes sufficient environmental planning grounds justifying the breach in the height development standard, the departure is minor, consistent with relevant objectives, and no adverse impacts occur.

Parties
Applicant: Shannon Kennedy; Applicant: Cherie Kennedy; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Height Development Standard, Conciliation Conference
Planning and Environment Development Application Height Development Standard Conciliation Conference

Case Brief

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Parties

Shannon Kennedy

Applicant

Cherie Kennedy

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted notwithstanding contravention of height development standard
  2. 2 Whether the amended application meets jurisdictional preconditions for approval

Ratio Decidendi

The appeal is upheld and development consent is granted because the applicant's written request pursuant to clause 4.6 adequately establishes sufficient environmental planning grounds justifying the breach in the height development standard, the departure is minor, consistent with relevant objectives, and no adverse impacts occur.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave granted to rely on amended architectural and landscape plans set out in Condition 1 of Annexure A
  • The applicant's written request under clause 4.6 regarding the height of buildings development standard under clause 4.3 is upheld