St George Community Housing Limited v Sutherland Shire Council [2015] NSWLEC 1514

St George Community Housing Limited v Sutherland Shire Council [2015] NSWLEC 1514

The Court was satisfied that the proposal achieved the relevant objectives of LEP 2006 despite non-compliance with the minimum lot width development standard, that strict compliance was unnecessary, that the proposal was suitable for the site, and that the issues raised by Council and resident objectors were resolved by conditions. It was therefore lawful and appropriate to grant consent by consent orders.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Class 1 Development Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 15/0052 / Determination of Proposed Consent Orders Before Hearing
Outcome
By consent, the appeal was upheld and Development Application No. 15/0052 was approved subject to conditions.
Legal Topics
['development Application' 'townhouse and Villa Development' 'affordable Rental Housing' 'consent Orders' 'sepp 1 Objection' 'minimum Lot Width Development Standard']
['planning and Environment Law'] ['development Application' 'townhouse and Villa Development' 'affordable Rental Housing' 'consent Orders' 'sepp 1 Objection' 'minimum Lot Width Development Standard']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 15/0052 / Determination of Proposed Consent Orders Before Hearing

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to make consent orders approving Development Application No. 15/0052.' 'Whether the SEPP 1 objection to the minimum lot width development standard was well founded.' 'Whether the proposal was suitable for the site notwithstanding lot width, setback, adaptable housing and shadow diagram issues.' 'Whether resident objectors had been properly notified and their objections taken into account.']

Ratio Decidendi

The Court was satisfied that the proposal achieved the relevant objectives of LEP 2006 despite non-compliance with the minimum lot width development standard, that strict compliance was unnecessary, that the proposal was suitable for the site, and that the issues raised by Council and resident objectors were resolved by conditions. It was therefore lawful and appropriate to grant consent by consent orders.

Court Disposition

By consent, the appeal was upheld and Development Application No. 15/0052 was approved subject to conditions.

Orders

  • ['By consent, the appeal is upheld.' 'Development Application No. 15/0052 for two townhouses and one villa at 148 Kiora Road, Miranda, is approved, subject to the conditions of consent at Annexure A.' 'The exhibits, other than exhibit 2, are returned.']