SMARAK No2 Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1126

SMARAK No2 Pty Ltd v Sutherland Shire Council [2025] NSWLEC 1126

The grant of development consent is upheld because the parties have reached agreement, the resulting proposal is permissible with consent under the relevant planning controls, the variation to the height standard is justified and supported by sufficient environmental planning grounds, and all other statutory and local requirements are satisfied. The Applicant is to pay costs thrown away for reliance on amended plans.

Parties
Applicant: SMARAK No2 Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
06 March 2025
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld: development consent granted subject to conditions; costs ordered against the Applicant.
Legal Topics
Development Application, Residential Apartment Development, Height Standard Variation, Strata Scheme, Design Requirements, Costs
Planning and Environment Development Application Residential Apartment Development Height Standard Variation Strata Scheme Design Requirements Costs

Case Brief

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Parties

SMARAK No2 Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development should be granted development consent under s 4.16 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether non-compliance with the building height standard should be allowed under cl 4.6 of Sutherland Shire Local Environmental Plan 2015
  3. 3 Whether all relevant legislative prerequisites and planning controls are satisfied for the grant of consent

Ratio Decidendi

The grant of development consent is upheld because the parties have reached agreement, the resulting proposal is permissible with consent under the relevant planning controls, the variation to the height standard is justified and supported by sufficient environmental planning grounds, and all other statutory and local requirements are satisfied. The Applicant is to pay costs thrown away for reliance on amended plans.

Court Disposition

Appeal upheld: development consent granted subject to conditions; costs ordered against the Applicant.

Orders

  • Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Respondent's costs thrown away as a result of reliance on the amended documents and plans in the agreed amount of $15,000 payable within 28 days.
  • The appeal is upheld.