Tleis v Sutherland Shire Council [2024] NSWLEC 1340

Tleis v Sutherland Shire Council [2024] NSWLEC 1340

The Court was satisfied that it held the statutory power to modify the development control order as agreed between the parties, the agreed modifications addressed the respondent’s compliance concerns within the relevant legislative framework, and the agreement was one the Court could have properly made in exercise of its functions; hence the appeal was upheld and the DCO modified as per the agreement.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Class 1 Development Appeal / Determination After Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld. Development control order modified as per agreed terms.
Legal Topics
['development Control Order' 'compliance Order' 'modification of Orders' 'agreement Under Conciliation' 'jurisdiction of Land and Environment Court']
['planning and Environment Law'] ['development Control Order' 'compliance Order' 'modification of Orders' 'agreement Under Conciliation' 'jurisdiction of Land and Environment Court']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Determination After Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 ['Whether development control order (DCO) in respect of 12 Dodson Avenue Cronulla should be modified to permit retention of certain works not originally approved under the landscape plan associated with the development consent DA21/0078']

Ratio Decidendi

The Court was satisfied that it held the statutory power to modify the development control order as agreed between the parties, the agreed modifications addressed the respondent’s compliance concerns within the relevant legislative framework, and the agreement was one the Court could have properly made in exercise of its functions; hence the appeal was upheld and the DCO modified as per the agreement.

Court Disposition

Appeal upheld. Development control order modified as per agreed terms.

Orders

  • ['The appeal is upheld.' "The development control order issued by Sutherland Shire Council on 6 December 2023 (Ref RN2023-026412 NOT 15076) is modified pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979 as follows: Under 'To Do What', the order is amended: 1. Comply with development consent...