Scarr v Shoalhaven City Council [2021] NSWLEC 1664

Scarr v Shoalhaven City Council [2021] NSWLEC 1664

The Court was satisfied that the agreed grant of development consent was within power because the development was ancillary to, or for the purposes of, a dwelling house permissible in the RU1 Primary Production zone under the Shoalhaven Local Environmental Plan 2014, the application was accompanied by a BASIX Certificate as required, and contamination had been considered under State Environmental Planning Policy No 55 – Remediation of Land. The Court was also satisfied that directing the Council to issue a building information certificate after specified works was within the broad powers in s 8.25(3) of the Environmental Planning and Assessment Act 1979. Because each agreed decision was...

Jurisdiction
Australia
Judgment Date
02 November 2021
Procedural Posture
Class 1 Appeals Against Refusal of a Development Application and Refusal of an Application for a Building Information Certificate / Final Orders Made Following Conciliation Conference and Agreements Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Development appeal upheld and development consent granted subject to conditions; building information certificate appeal resolved by orders requiring works and directing the Council to issue the certificate after completion and provision of required information.
Legal Topics
['development Application Appeal' 'building Information Certificate Appeal' 'detached Habitable Rooms for a Dwelling House' 'conciliation Conference' 'agreement Between Parties' 'ancillary Structure' 'jurisdictional Preconditions']
['planning and Environment Law' 'development Consent' 'building Information Certificates'] ['development Application Appeal' 'building Information Certificate Appeal' 'detached Habitable Rooms for a Dwelling House' 'conciliation Conference' 'agreement Between Parties' 'ancillary Structure' 'jurisdictional Preconditions']

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Procedural Posture

Class 1 Appeals Against Refusal of a Development Application and Refusal of an Application for a Building Information Certificate / Final Orders Made Following Conciliation Conference and Agreements Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether development consent should be granted for the change of use of an existing ancillary structure (shed) to detached habitable rooms and associated works at 25 Sunnymede Lane, Berry.' 'Whether the Court could direct Shoalhaven City Council to issue a building information certificate after specified works were carried out.' 'Whether the decisions agreed by the parties were decisions that the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The Court was satisfied that the agreed grant of development consent was within power because the development was ancillary to, or for the purposes of, a dwelling house permissible in the RU1 Primary Production zone under the Shoalhaven Local Environmental Plan 2014, the application was accompanied by a BASIX Certificate as required, and contamination had been considered under State Environmental Planning Policy No 55 – Remediation of Land. The Court was also satisfied that directing the Council to issue a building information certificate after specified works was within the broad powers in s 8.25(3) of the Environmental Planning and Assessment Act 1979. Because each agreed decision was...

Court Disposition

Development appeal upheld and development consent granted subject to conditions; building information certificate appeal resolved by orders requiring works and directing the Council to issue the certificate after completion and provision of required information.

Orders

  • ['In proceedings 2021/210632, the Court noted that the applicants amended the application with the consent of Shoalhaven City Council, that the respondent lodged the amendments on the NSW planning portal on 13 October 2021 (reference PAN 155642), and that the applicants filed a copy of amended Development...